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Coroners and Justice Bill, continued

(a)	Chapter 2 of Part 3 of this Act (witness anonymity orders) shall apply as

if a coroner’s court were a court for the purposes of that Chapter, as if the

proceedings at an inquest were criminal proceedings for the purpose of

that Chapter, and as if references to the prosecutor in that Chapter

included a reference to the Secretary of State;

(b)	the Lord Chief Justice may appoint a judge of the High Court to act as

coroner for the case, and a judge so appointed shall have the same

functions and powers in relation to the body and the investigation as

would be the case if he or she were the senior coroner in whose area the

body was situated;

(c)	the jury may be subject to checking in accordance with the Attorney

General’s Guidelines on Jury Checks.

(5)	If a just has already been summoned when a certificate is issued, that jury must

be discharged and a new jury summoned.

(6)	The certificate may require that part of the inquest be held in camera and part in

public, and the court must only issue a certificate requiring the whole of an

inquest to be held in camera if that is necessary to prevent material or information

being disclosed whose disclosure would be seriously detrimental to national

security.

(7)	Where a certificate has been issued under this section, the coroner or judge may

at any time, taking into account whether any witness anonymity orders have been

made, admit to the proceedings any interested person he may specify, provided

that he is satisfied that doing so will not lead to material or information being

disclosed whose disclosure would be seriously detrimental to national security.

(8)	Where a decision made by a judge conducting an investigation by virtue of this

section gives rise to an appeal under section 30, that section has effect as if

references in it to the Chief Coroner were references to a judge of the Court of

Appeal nominated by the Lord Chief Justice.

(9)	A reference in this section or section 12 to conducting an investigation, in the case

of an investigation that has already begun, is to be read as a reference to

continuing to conduct it.’.

Community Legal Service

Mr David Kidney

NC11

To move the following Clause:—

‘(1)	The Access to Justice Act 1999 (c. 22) is amended as follows.

(2)	In Schedule 2, paragraph 2(1), after sub-sub-paragraph (e) insert—

“(ea)

any coroner’s court”.’.

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Legal representation of bereaved families

Mr James Gray

Mr Tim Boswell

NC12

To move the following Clause:—

‘Where—

(a)	the inquest is to be held with a jury; or

(b)	the deceased died whilst in custody or otherwise detained by the state; or

(c)	the deceased died at a centre for provision of medical treatment, and the

coroner has a duty to investigate the death under section 7(2); or

(d)	any other parties participating in the inquest are assisted by a legal

professional,

legal representation for bereaved families shall be funded by the Legal Services

Commission.’.

Legal representation of bereaved families (No. 2)

Mr James Gray

Mr Tim Boswell

NC13

To move the following Clause:—

‘Means testing shall be waived for legal representation of bereaved families if—

(a)	the inquest is to be held with a jury; or

(b)	the deceased died whilst in custody or otherwise detained by the state; or

(c)	the deceased died at a centre of provision for medical treatment; or

(d)	the deceased died whilst serving in the armed forces; and

(e)	any other parties participating in the inquest are assisted by a legal

professional.’.

National medical adviser to the chief coroner

Jenny Willott

David Howarth

NC14

To move the following Clause:—

‘(1)	The Secretary of State for Health may appoint a person as the National Medical

Adviser to the Chief Coroner.

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Coroners and Justice Bill, continued

(2)	The Secretary of State for Health must consult the Lord Chancellor and the Lord

Chief Justice before making an appointment under this section.’.

Regulations about training (medical examiners)

Jenny Willott

David Howarth

NC15

To move the following Clause:—

‘(1)	The National Medical Adviser to the Chief Coroner, after consulting the Chief

Coroner, may, with the consent of the Secretary of State, make regulations about

the training of—

(a)	medical examiners;

(b)	medical examiners’ officers and other staff assisting persons within

paragraph (a).

(2)	The regulations may (in particular) makes provisions as to—

(a)	the kind of training to be undertaken;

(b)	the amount of training to be undertaken;

(c)	the frequency with which it is to be undertaken.’.

Regulations about standards (medical examiners)

Jenny Willott

David Howarth

NC16

To move the following Clause:—

‘The National Medical Adviser to the Chief Coroner, after consulting the Chief

Coroner, may, with the consent of the Secretary of State, publish minimum

standards relating to the service to be provided by medical examiners.’.

Report to Lord Chancellor

Jenny Willott

David Howarth

NC17

To move the following Clause:—

‘(1)	The Chief Coroner must give to the Lord Chancellor an annual report which—

(a)	contains matters that the Chief Coroner wishes to bring to the attention

of the Lord Chancellor,

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Coroners and Justice Bill, continued

(b)	includes matters which the Lord Chancellor has asked the Chief Coroner

to include in the report,

(c)	contains an assessment for that year of the consistency of standards

between the coroner areas,

(d)	contains a summary for that year of the number, nature and outcome of

appeals under section 30, and

(e)	contains a summary of the recommendations made by senior coroners

under paragraph 6(1) of Schedule 4.

(2)	A report covering one year must be given to the Lord Chancellor by 1 July the

following year.

(3)	The Lord Chancellor must publish all reports provided under this section and

must lay a copy before each House of Parliament within 60 days of receiving a

copy of the report.’.

Commissioner for Victims and Witnesses: further provisions

Alun Michael

NC18

To move the following Clause:—

‘After section 50 of the Domestic Violence, Crime and Victims Act 2004 insert—

“50A	Complaints

(1)	The Commissioner for Victims and Witnesses may receive complaints

from victims and witnesses about the workings of the criminal justice

system and shall either indicate the appropriate body to deal with the

complaint or coordinate consideration of two or more bodies where there

is shared responsibility or a lack of clarity about who is responsible for

the issues about which the complaint is made.

(2)	The Commissioner shall be supplied with a copy of the response of any

such body or bodies and may request that the findings be re-considered.

(3)	The Lord Chancellor may issue guidance to the relevant bodies in the

Criminal Justice System setting out how they should co-operate with the

Commission and with each other in order to provide an appropriate

response to victims and witnesses.’’’.

Investigations into deaths: special circumstances

Alun Michael

NC19

To move the following Clause:—

‘Where there are specific circumstances which make it unlikely that a senior

coroner will be able to conduct an investigation or a series of investigations

quickly and effectively, bearing in mind the concerns of the victim’s family or the

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Coroners and Justice Bill, continued

wider community, the Chief Coroner shall draw the circumstances to the attention

of the Lord Chancellor who shall make appropriate arrangements to meet the

specific circumstances.’.

Data controller to comply with assessment notice

Alun Michael

NC20

To move the following Clause:—

‘If a data controller fails to meet the requirements of the Information

Commissioner as set out in an assessment notice, the Commissioner may apply

to the county court for an order requiring the data controller to comply with the

notice either in its original form or in such amended form as the court may

require.’.

Data controller to comply with assessment notice (No. 2)

Alun Michael

NC21

To move the following Clause:—

‘If a data controller fails to meet the requirements of the Information

Commissioner as set out in an assessment notice, the Commissioner may apply

to the Information Tribunal for an order requiring the data controller to comply

with the notice either in its original form or in such amended form as the court

may require.’.

Order of the House [26 January 2009]

That the following provisions shall apply to the Coroners and Justice Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 5 March 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

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Coroners and Justice Bill, continued

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [3 February 2009]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

3 February) meet—

(a)	at 4.00 pm on Tuesday 3 February;

(b)	at 9.00 am and 1.00 pm on Thursday 5 February;

(c)	at 10.30 am and 4.00 pm on Tuesday 10 February;

(d)	at 10.30 am and 4.00 pm on Tuesday 24 February;

(e)	at 9.00 am and 1.00 pm on Thursday 26 February;

(f)	at 10.30 am and 4.00 pm on Tuesday 3 March;

(g)	at 9.00 am and 1.00 pm on Thursday 5 March;

(2)	the Committee shall hear oral evidence in accordance with the following

Table—

      TABLE

	Date	Time	Witness
	Tuesday 3 February	Until no later than	Ministry of Justice
		12.20 pm
	Tuesday 3 February	Until no later than	Law Commission
		1.00 pm
	Tuesday 3 February	Until no later than	The Coroners’ Society of
		5.30 pm	England and Wales;
			INQUEST; the Royal
			College of Pathologists;
			Cardiac Risk in the
			Young
	Tuesday 3 February	Until no later than	Liberty
		6.15 pm
	Tuesday 3 February	Until no later than	National Society for the
		7.00 pm	Prevention of Cruelty to
			Children; Barnardo’s;
			Internet Watch
			Foundation
	Thursday 5 February	Until no later than	The Magistrates’
		10.25 am	Association; NACRO;
			Victim Support; Prison
			Reform Trust
	Thursday 5 February	Until no later than	Keir Starmer QC,
		1.40 pm	Director of Public
			Prosecutions
	Thursday 5 February	Until no later than	The Law Society; the
		2.30 pm	Criminal Bar Association
	Thursday 5 February	Until no later than	Justice for Women
		3.00 pm
	Thursday 5 February	Until no later than	Information
		4.00 pm	Commissioner’s Office

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Coroners and Justice Bill, continued

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 14; Schedule 1; Clauses 15 to 21; Schedule 2;

Clause 22; Schedule 3; Clauses 23 and 24; Schedule 4; Clause 25; Schedule

5; Clause 26; Schedule 6; Clause 27; Schedule 7; Clauses 28 to 31; Schedule

8; Clauses 32 to 38; Schedule 9; Clauses 151 to 154; Schedule 18; Clauses 39

to 48; Schedule 10; Clauses 49 to 55; Schedule 11; Clauses 56 to 82;

Schedule 12; Clauses 83 to 100; Schedule 13; Clauses 101 to 119; Schedule

14; Clauses 120 to 124; Schedule 15; Clauses 125 to 131; Schedule 16;

Clauses 132 to 147; Schedule 17; Clauses 148 to 150; Clauses 155 and 156;

Schedules 19 and 20; Clause 157; Schedule 21; Clauses 158 to 162; new

Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 4.00 pm on Thursday 5 March.

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Revised 10 February 2009