House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

7

House of Commons

Tuesday 10 February 2009

Public Bill Committee Proceedings

Coroners and Justice Bill

[fifth and sixth Sittings]

Clauses 1 to 4 Agreed to.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Withdrawn  39

Clause  5,  page  3,  line  40,  leave out subsection (2).

Jenny Willott

David Howarth

Not called  112

Clause  5,  page  3,  line  40,  after ‘necessary’, insert ‘in the interests of justice or’.

Jenny Willott

David Howarth

Not called  113

Clause  5,  page  4,  line  1,  after ‘ascertaining’, insert ‘—

(i)
’.

Jenny Willott

David Howarth

Not called  114

Clause  5,  page  4,  line  2,  at end insert—

‘(ii)
whether and to what extent systematic failings were a factor in

death;

(iii)
whether appropriate precautions could have been taken to

prevent the death;

(iv)
if a person takes his or her own life, whether this was in whole or

in part because the risk of their doing so was not recognised by

those acting on behalff of the state;

(v)
any other factor relevant to the circumstances in which the

deceased came by his or her death.’.

Public Bill Committee Proceedings: 10 February 2009
8

Coroners and Justice Bill, continued

David Howarth

Jenny Willott

Negatived on division  70

Clause  5,  page  4,  leave out lines 3 to 9.

Clause Agreed to.

Mr James Gray

Mr Tim Boswell

Withdrawn  103

Clause  6,  page  4,  line  14,  at end insert—

‘(2)
Subject to subsection (1), the senior coroner responsible for the inquest must

notify any interested person as soon as practicable that they are entitled to be

assisted at all times by a legal representative.

(2B)
Any legal representation shall be fully funded by the Legal Services

Commission.’.

Clause Agreed to.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Withdrawn  97

Clause  7,  page  4,  line  19,  leave out from ‘if’ to end of line 24 and insert ‘the

coroner has reason to believe—

(a)
that the deceased died in custody or otherwise in state detention; or

(aa)
that the deceased died whilst serving in the armed forces; or

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

the coroner has a duty to investigate the death within section 1,’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  95

Clause  7,  page  4,  leave out lines 22 to 24 and insert—

‘(aa)
that the deceased died at a centre for provision of medical treatment, and

the coroner feels there are reasonable grounds for an inquest,’.

David Howarth

Jenny Willott

Not called  71

Clause  7,  page  4,  line  27,  at end insert ‘or

(iii)
any other state official,’.

Public Bill Committee Proceedings: 10 February 2009
9

Coroners and Justice Bill, continued

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  94

Clause  7,  page  4,  line  29,  at end insert—

‘(2A)
Any person falling within section 36(2)(a) or (b) may make a request to the senior

coroner that a jury be assembled for the purposes of an inquest.’.

Mr James Gray

Mr Tim Boswell

Not called  98

Clause  7,  page  4,  line  37,  at end add—

‘(5)
In all cases where a jury is required for the purposes of an inquest, any interested

person will be entitled to legal representation at the inquest, funded by the Legal

Services Commission.’.

Clause Agreed to.

Clauses 8 to 10 Agreed to.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Question proposed  40

Clause  11,  page  6,  line  4,  after ‘if’, insert ‘the matter has been referred to the Lord

Chief Justice and he or she is’.

[Adjourned until Tuesday 24 February at 10.30 am.