House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 23 March 2009
135

Coroners and Justice Bill, continued

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mrs Eleanor Laing

Mr David Burrowes

Mr Edward Timpson

Not called  9

Page  15,  line  3  [Clause  28],  leave out ‘may’ and insert ‘shall’.

Simon Hughes

Not called  158

Page  15,  line  10  [Clause  29],  at end insert ‘, including on any complaints made by

members of the public about the conduct of coroners, and to publish their reports.

(1A)
In subsection (1) “coroners” includes the Chief Coroner, Deputy Chief Coroners,

senior coroners, area coroners and assistant coroners.’.

Simon Hughes

Not called  159

Page  15,  line  11  [Clause  29],  leave out subsection (2).

Secretary Jack Straw

Agreed to  106

Page  16,  line  13  [Clause  30],  at end insert—

‘( )
a decision whether to exercise a power conferred by virtue of section

34(3)(a) or (4) to exclude persons from all or part of an inquest;’.

Mr David Heath

Not called  92

Page  17,  line  18  [Clause  32],  at end insert—

‘(aa)
about the way in which such persons may be represented at an inquest;’.

Mr David Heath

Not called  93

Page  17,  line  21  [Clause  32],  at end insert—

‘(d)
about the degree of contact between a coroner and such persons that may

be appropriate without prejudice to the conduct of an inquest.’.

Secretary Jack Straw

Agreed to  107

Page  18,  line  17  [Clause  33],  at end insert—

‘( )
provision requiring a summary of specified information given to the

Chief Coroner by virtue of paragraph (e) to be included in reports under

Report Stage Proceedings: 23 March 2009
136

Coroners and Justice Bill, continued

section [Reports and advice to the Lord Chancellor from the Chief

Coroner];’.

Secretary Jack Straw

Agreed to  108

Page  19,  line  22  [Clause  34],  leave out from ‘requiring’ to end of line 23 and insert

‘permission to be given for the making of an appeal to the Court of Appeal under any

provision of this Part’.

Jenny Willott

Not called  156

Page  19,  line  34  [Clause  34],  at end insert—

‘(3A)
The following persons may not be excluded from an inquest by a direction under

sections 34(3)(a) or (b)—

(a)
the jury (if there is one);

(b)
any interested person;

(c)
any representative of an interested person.’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mrs Eleanor Laing

Mr David Burrowes

Mr Edward Timpson

Not called  12

Page  131,  line  27  [Schedule  4],  leave out first ‘may’ and insert ‘must’.

Secretary Jack Straw

Agreed to  151

Page  131,  line  30  [Schedule  4],  at end insert—

‘(3)
A copy of a report under this paragraph, and of the response to it, must be sent to

the Chief Coroner.’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mrs Eleanor Laing

Mr David Burrowes

Mr Edward Timpson

Not called  13

Page  131,  line  30  [Schedule  4],  at end insert—

‘(3)
The senior coroner may then request the relevant person to submit, within three

months, a full update on any action he has taken, or alternatively detail the

reasons for any failure to take action.

Report Stage Proceedings: 23 March 2009
137

Coroners and Justice Bill, continued

(4)
The senior coroner must at the end of each year forward all reports and updates

to the Chief Coroner, who must present them to Parliament.’.

Jenny Willott

David Howarth

Not selected  90

Page  134,  line  4  [Schedule  6],  at end insert—

‘(A1)
In this Schedule, “paid by (or on behalf of) the senior coroner” means paid by the

relevant local authority at the request of the senior coroner.’.

Secretary Jack Straw

Agreed to  114

Page  136  [Schedule  7],  leave out lines 16 to 25 and insert—

‘Appointment of Chief Coroner

1    (1)
The Lord Chief Justice may appoint a person as the Chief Coroner.

      (2)
To be eligible for appointment as the Chief Coroner a person must be—

(a)
a judge of the High Court or a Circuit judge, and
5
(b)
under the age of 70.

      (3)
The Lord Chief Justice must consult the Lord Chancellor before making an

appointment under this paragraph.

      (4)
The appointment of a person as the Chief Coroner is to be for a term decided

by the Lord Chief Justice after consulting the Lord Chancellor.
10

The term must be one that expires before the person’s 70th birthday.

      (5)
In this paragraph “appointment” includes re-appointment.

Appointment of Deputy Chief Coroners

1A  (1)
The Lord Chief Justice may secure the appointment as Deputy Chief Coroners

of however many persons the Lord Chief Justice thinks appropriate.
15
      (2)
To be eligible for appointment as a Deputy Chief Coroner a person must be—

(a)
a judge of the High Court, a Circuit judge or a senior coroner, and

(b)
under the age of 70.

      (3)
The Lord Chief Justice must consult the Lord Chancellor as to—

(a)
the appropriate number of persons to be appointed as Deputy Chief
20
Coroners;

(b)
how many of them are to be persons eligible for appointment by virtue

of being judges and how many are to be persons eligible for

appointment by virtue of being senior coroners.

      (4)
The function of appointing a person as a Deputy Chief Coroner is exercisable,
25
in the case of a judge of the High Court or a Circuit judge, by the Lord Chief

Justice after consulting the Lord Chancellor.

      (5)
The appointment by the Lord Chief Justice of a person as a Deputy Chief

Coroner is to be for a term decided by the Lord Chief Justice after consulting

the Lord Chancellor.

Report Stage Proceedings: 23 March 2009
138

Coroners and Justice Bill, continued

30

The term must be one that expires before the person’s 70th birthday.

      (6)
The function of appointing a person as a Deputy Chief Coroner is exercisable,

in the case of a senior coroner, by the Lord Chancellor at the invitation of the

Lord Chief Justice.

      (7)
The appointment by the Lord Chancellor of a person as a Deputy Chief
35
Coroner is to be for a term decided by the Lord Chancellor after consulting the

Lord Chief Justice.


The term must be one that expires before the person’s 70th birthday.

      (8)
In this paragraph “appointment” includes re-appointment.’.

As Amendments to Secretary Jack Straw’s proposed Amendment (No. 114):—

Mr Douglas Hogg

Not called  (a)

Line  6,  leave out sub-paragraph (3).

Mr Douglas Hogg

Not called  (b)

Line  9,  leave out ‘after consulting the Lord Chancellor’.

Mr Douglas Hogg

Not called  (c)

Line  26,  leave out ‘after consulting the Lord Chancellor’.

Mr Douglas Hogg

Not called  (d)

Line  28,  leave out ‘after consulting the Lord Chancellor’.

Mr Douglas Hogg

Not called  (e)

Line  32,  after ‘invitation’, insert ‘and nomination’.

Mr Douglas Hogg

Not called  (f)

Line  35,  leave out ‘the Lord Chancellor after consulting’.

Jenny Willott

David Howarth

Not called  91

Page  136,  line  19  [Schedule  7],  after second ‘judge’, insert ‘or a senior coroner,’.

Secretary Jack Straw

Agreed to  115

Page  136,  line  27  [Schedule  7],  leave out ‘or a Deputy Chief Coroner’ and insert

‘, or a Deputy Chief Coroner appointed by the Lord Chief Justice,’.

Secretary Jack Straw

Agreed to  116

Page  136,  line  31  [Schedule  7],  at end insert—

    ‘( )
A Deputy Chief Coroner appointed by the Lord Chancellor may resign from

office by giving notice in writing to the Lord Chancellor.

Report Stage Proceedings: 23 March 2009
139

Coroners and Justice Bill, continued

      ( )
But the resignation does not take effect unless and until it is accepted by the

Lord Chancellor, who must consult the Lord Chief Justice before accepting

it.’.

Secretary Jack Straw

Agreed to  117

Page  136,  line  33  [Schedule  7],  leave out ‘or a Deputy Chief Coroner’ and insert

‘, or a Deputy Chief Coroner appointed by the Lord Chief Justice,’.

Secretary Jack Straw

Agreed to  118

Page  136,  line  34  [Schedule  7],  at end insert—

    ‘( )
The Lord Chancellor may, after consulting the Lord Chief Justice, remove a

Deputy Chief Coroner appointed by the Lord Chancellor from office for

incapacity or misbehaviour.’.

Secretary Jack Straw

Agreed to  119

Page  138  [Schedule  8],  leave out lines 27 to 41 and insert—

‘3  (1)
Where—

(a)
by virtue of this Schedule an investigation is conducted by a person

who holds or has held office as judge of the High Court (including the

Chief Coroner if he or she is such a person) or by a person who has

held office as a judge of the Court of Appeal, and

(b)
the investigation gives rise to an appeal under section 30,


that section has effect as if references in it to the Chief Coroner were references

to the Court of Appeal, and with the omission of subsections (8) and (9).

      (2)
Where—

(a)
by virtue of this Schedule an investigation is conducted by a Circuit

judge (including the Chief Coroner if he or she is a Circuit judge), and

(b)
the investigation gives rise to an appeal under section 30,


that section has effect as if references in it to the Chief Coroner were references

a judge of the High Court nominated by the Lord Chief Justice.’.

Secretary Jack Straw

Agreed to  121

Page  195,  line  22  [Schedule  19],  leave out ‘entry’ and insert ‘entries’.

Secretary Jack Straw

Agreed to  122

Page  195,  line  25  [Schedule  19],  at end insert—

“Deputy Chief Coroner appointed by the Lord Chancellor under that Part

who is not also a senior coroner.”’.

Report Stage Proceedings: 23 March 2009
140

Coroners and Justice Bill, continued

Secretary Jack Straw

Agreed to  123

Page  195,  line  28  [Schedule  19],  leave out ‘entry’ and insert ‘entries’.

Secretary Jack Straw

Agreed to  124

Page  195,  line  31  [Schedule  19],  at end insert—

“Deputy Chief Coroner appointed by the Lord Chancellor under that Part

who is not also a senior coroner.”’.

Secretary Jack Straw

Agreed to  125

Page  196,  line  18  [Schedule  19],  at end insert—

‘Judicial Pensions and Retirement Act 1993 (c. 8)


In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other

offices that may be qualifying judicial offices), after the entry relating to the

Adjudicator to Her Majesty’s Land Registry there is inserted—


“Deputy Chief Coroner appointed by the Lord Chancellor who is not

also a senior coroner”.’.

Secretary Jack Straw

Agreed to  126

Page  200,  line  42  [Schedule  19],  at end insert—

‘Constitutional Reform Act 2005 (c. 4)


In Schedule 14 to the Constitutional Reform Act 2005 (the Judicial

Appointments Commission: relevant offices and enactments), at the end of

Part 3 insert—

“Deputy Chief
Paragraph 1A(5) of Schedule

Coroner
7 to the Coroners and Justice

Act 2009”.’.

New Clauses, New Schedules and Amendments relating to Part 2 except

Report Stage Proceedings: 23 March 2009
141

Coroners and Justice Bill, continued

those relating to hatred on grounds of sexual orientation

Abolition of offences of sedition and seditious libel

Dr Evan Harris

Mr Denis MacShane

Mr Andrew Dismore

Mr Robert Marshall-Andrews

Not called  NC5

To move the following Clause:—

‘(1)
The offences of sedition and seditious libel under the common law of England

and Wales are abolished.

(2)
In the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) section 1 (orders for

seizure of copies of seditious libel) and section 2 (disposal of seized copies) are

omitted.

(3)
Subsection (2) extends to England and Wales only.’.

Causing harassment, alarm and distress: restriction of scope

Dr Evan Harris

Mr Andrew Dismore

Mr Virendra Sharma

Not called  NC8

To move the following Clause:—

‘(1)
The Public Order Act 1986 (c. 64) is amended as follows.

(2)
In section 5(1)(a) and (b) for “abusive or insulting” substitute “or abusive”.’.

Partial defence to murder: justifiable anger

David Howarth

Jenny Willott

Not called  NC9

To move the following Clause:—

‘(1)
Where a person (“D”) kills or is party to the killing of another (“V”), D is not to

be convicted of murder if—

(a)
D’s acts or omissions in doing or being a party to the killing resulted from

D’s loss of control, and

(b)
D’s loss of control resulted from D’s anger at V, and

(c)
a person of D’s age and sex, with a normal degree of tolerance and self-

restraint and in the circumstances of D, might have reacted in the same or

in a similar way to D, and

(d)
D’s anger at V was attributable to a thing done or said (or both) by V

which—