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107

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Monday 23 March 2009

Report Stage Proceedings

Coroners and Justice Bill, As Amended

[FIRST Day]

New Clauses, New Schedules and Amendments relating to inquests into a

person’s death that may be conducted without a jury

Inquests in camera

David Howarth

Jenny Willott

Withdrawn  NC14

To move the following Clause:—

‘(1)
The Secretary of State may apply to the High Court for a certificate ordering that

an inquest be held in camera.

(2)
The Secretary of State may only apply for a certificate if he is satisfied that it

would be necessary to prevent material or information being disclosed whose

disclosure would be seriously detrimental to national security.

(3)
The court may only grant the certificate if it is satisfied—

(a)
that granting the certificate is necessary to prevent material or

information being disclosed whose disclosure would be seriously

detrimental to national security; and

(b)
that other measures short of granting a certificate would not be adequate

to prevent such disclosure.

(4)
Where the court grants a certificate, the following provisions apply—

(a)
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;

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

General’s Guidelines on Jury Checks.

(5)
The Attorney General must, on the coming of this section into force, consider

revising the Guidelines on Jury Checks to meet the particular requirements of

inquests in camera.

(6)
If a jury has already been summoned when a certificate is issued, that jury must

be discharged and a new jury summoned.

(7)
The powers of coroners to protect the identity of witnesses shall apply to inquests

in camera to the same extent that they apply to other inquests.

Report Stage Proceedings: 23 March 2009
108

Coroners and Justice Bill, continued

(8)
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 the disclosure of material or information whose

disclosure would be seriously detrimental to national security cannot be

prevented in any other way.

(9)
Where a certificate has been issued under this section, the coroner or judge may

at any time, taking into account any other measures that the coroner or judge may

have taken, including measures to protect the identity of witnesses, 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.

(10)
Where a decision made by a judge conducting an investigation by virtue of this

section gives rise to an appeal under section 30, and the Lord Chief Justice has

exercised the power in subsection (4)(a), 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.

(11)
A reference in this section or section [Discontinuance or variance of certificate

for inquest in camera] 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.’.

Discontinuation or variance of certificate for inquest in camera

David Howarth

Jenny Willott

Not called  NC15

To move the following Clause:—

‘(1)
A certificate under section [Inquests in camera] has effect in relation to an

investigation until it is discontinued or varied.

(2)
A certification may (but need not) be discontinued or varied by the Lord Chief

Justice at any time on application from the Secretary of State, the investigating

coroner or judge of the High Court, or any interested person.

(3)
Where a certificate has been discontinued or varied, and a jury has been

summoned, the inquest is to continue with the same jury.’.

Intercept evidence

David Howarth

Jenny Willott

Not called  NC16

To move the following Clause:—

‘(1)
Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) (exclusion

of matter from legal proceedings: exceptions) is amended as follows.

(2)
In subsection (7), after paragraph (c) insert—

Report Stage Proceedings: 23 March 2009
109

Coroners and Justice Bill, continued

“(d)
a disclosure to an inquest for which a relevant certificate exists under

section [Inquests in camera], and where the coroner or judge is satisfied

that the exceptional circumstances of the case make the disclosure

essential to enable the matters that are required to be ascertained by the

investigation to be ascertained.”.’.

David Howarth

Mr Neil Gerrard

Mr Elfyn Llwyd

John McDonnell

Mr Dominic Grieve

Mr Henry Bellingham

Jo Swinson

Negatived on division  2

Page  6,  line  2,  leave out Clause 11.

Secretary Jack Straw

Agreed to  94

Page  6  [Clause  11],  leave out lines 3 to 16 and insert—

‘( )
The Secretary of State may certify an investigation under this Part into a person’s

death if—

(a)
an inquest will be held as part of the investigation,

(b)
the inquest will (if the investigation is not certified) be held by a senior
5
coroner with a jury,

(c)
the Secretary of State is satisfied that the investigation will concern or

involve matters (referred to below as “protected matters”) that should not

be made public in order to protect the interests of—

(i)
national security,
10
(ii)
the relationship between the United Kingdom and another

country, or

(iii)
preventing or detecting crime,


or in order to protect the safety of a witness or other person, and

(d)
the Secretary of State is of the opinion that it is necessary for the inquest
15
to be held without a jury in order to avoid protected matters being made

public or unlawfully disclosed.’.

As Amendments to Secretary Jack Straw’s proposed Amendment (No. 94):—

Mr Douglas Hogg

Not called  (a)

Line  6,  after ‘satisfied’, insert ‘beyond a reasonable doubt’.

Report Stage Proceedings: 23 March 2009
110

Coroners and Justice Bill, continued

Mr Douglas Hogg

David Howarth

Jenny Willott

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Not called  (b)

Line  10,  leave out sub-paragraph (ii).

Mr Douglas Hogg

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Mr David Burrowes

Not called  (c)

Line  12,  after ‘detecting’, insert ‘serious’.

David Howarth

Jenny Willott

Not called  (e)

Line  12,  leave out sub-paragraph (iii).

David Howarth

Jenny Willott

Not called  (f)

Leave out line 13.

David Howarth

Jenny Willott

Not called  (g)

Line  14,  leave out from beginning to ‘it’.

Mr Douglas Hogg

Not called  (d)

Line  14,  leave out ‘of the opinion’ and insert ‘satisfied beyond a reasonable

doubt’.

David Howarth

Jenny Willott

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Not called  (i)

Line  15,  leave out ‘without a jury’ and insert ‘in whole or in part in camera, but

only to the extent that it is necessary to protect the relevant information,’.

David Howarth

Jenny Willott

Not called  (h)

Line  16,  at end add ‘, and

‘(e)
the Secretary of State obtains a confirmatory order from the High Court,

which order shall not be granted unless the court believes that the

Report Stage Proceedings: 23 March 2009
111

Coroners and Justice Bill, continued

Secretary of State’s grounds for issuing the certificate are properly

grounded in fact and law, and unless the court believes that measures

short of granting the order are not capable of adequately protecting the

public interest.’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mrs Eleanor Laing

Mr David Burrowes

Mr Edward Timpson

Not called  4

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

Chief Justice and he or she is’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  47

Page  6,  line  4  [Clause  11],  leave out ‘of the opinion’ and insert ‘he is satisfied

beyond a reasonable doubt’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mrs Eleanor Laing

Mr David Burrowes

Mr Edward Timpson

Not called  5

Page  6,  line  6  [Clause  11],  leave out ‘any of the reasons’ and insert ‘the reason’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mrs Eleanor Laing

Mr David Burrowes

Mr Edward Timpson

Not called  6

Page  6,  line  9  [Clause  11],  leave out ‘reasons are’ and insert ‘reason is’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  48

Page  6,  line  12  [Clause  11],  leave out sub-paragraph (ii).

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mrs Eleanor Laing

Mr David Burrowes

Mr Edward Timpson

Not called  7

Page  6  [Clause  11],  leave out lines 12 to 16.

Report Stage Proceedings: 23 March 2009
112

Coroners and Justice Bill, continued

Mr Douglas Hogg

Mr Richard Shepherd

Not called  49

Page  6,  line  14  [Clause  11],  after ‘detecting’, insert ‘serious’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  52

Page  6,  line  16  [Clause  11],  leave out paragraph (c).

Secretary Jack Straw

Agreed to  95

Page  6  [Clause  11],  leave out lines 28 and 29 and insert—

‘(4)
Where the Secretary of State has certified an investigation under this section—

(a)
the Secretary of State must as soon as possible inform the senior coroner

of the certification;

(b)
the senior coroner must as soon as possible inform all interested persons

whose name and contact details are known to the coroner that the

investigation has been certified.


A reference in this subsection to the senior coroner is to the senior coroner who

is responsible for conducting the investigation, or would be but for subsection

(3).’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  50

Page  6  [Clause  11],  leave out lines 31 to 34 and insert ‘until it has been confirmed by a

judge of the High Court.’.

Secretary Jack Straw

Added  96

Page  6,  line  34  [Clause  11],  at end insert—

‘(5A)
Where a certification under this section has effect, the Secretary of State must

inform the judge responsible for conducting the investigation what are the

protected matters.’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  51

Page  6,  line  34  [Clause  11],  at end insert—

‘(5A)
On an application by the Secretary of State for the confirmation of a certification

under subsections (1) and (2), the court may confirm the certification only if it is

satisfied beyond a reasonable doubt that—

(a)
the investigation will concern or involve a matter that should not be made

public for any of the reasons that are set out in subsection (2), and

(b)
that no other measures would be adequate to prevent the matters being

made public.’.

Secretary Jack Straw

Agreed to  97

Page  6  [Clause  11],  leave out lines 35 to 38 and insert—

‘(6)
The judge holding an inquest as part of a certified investigation must hold it

without a jury if—

Report Stage Proceedings: 23 March 2009
113

Coroners and Justice Bill, continued

(a)
there is a protected matter that would need to be revealed to the jury (if

there was one)—
5
(i)
in order for the jury to be able properly to discharge its duty

under section 10(1), and

(ii)
in order to avoid a breach of any relevant Convention rights

(within the meaning of the Human Rights Act 1998 (c. 42)),


and
10
(b)
the judge is satisfied that it is necessary to hold the inquest without a jury

in order to avoid the matter being made public or unlawfully disclosed.


If the judge decides to hold the inquest with a jury, the judge must not allow any

protected matter to be revealed to the jury unless it is a matter within paragraph

(a).’.

As Amendments to Secretary Jack Straw’s proposed Amendment (No. 97):—

David Howarth

Jenny Willott

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Not called  (b)

Line  2,  leave out ‘without a jury’ and insert ‘in whole or in part in camera, but

only to the extent that it is necessary to protect the relevant information,’.

Mr Douglas Hogg

Not called  (a)

Line  10,  after ‘satisfied’, insert ‘beyond a reasonable doubt’.

David Howarth

Jenny Willott

Not called  (c)

Line  11,  at end insert ‘, but for the purposes of this section the disclosure of any

information or material to the jury itself shall not count as being made public or

being unlawfully disclosed.’.

David Howarth

Jenny Willott

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Not called  (d)

Leave out lines 12 to 14.

Secretary Jack Straw

Agreed to  98

Page  6,  line  40  [Clause  11],  leave out from ‘effect’ to end of line 42 and insert ‘—

(a)
as if references in it to the Chief Coroner were references to the Court of

Appeal;

(b)
with the omission of subsections (8) and (9).’.