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Coroners and Justice Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 5

 

LORD CARLILE OF BERRIEW

 

LORD ALDERDICE

Page 3, line 40, after "necessary" insert "in the interests of justice or"
 

Clause 7

 

LORD CARLILE OF BERRIEW

 

LORD ALDERDICE

Page 4, line 27, at end insert "or
(iii)  a member of the security services,"
Page 4, line 29, at end insert ", or
(d)  that the death occurred in circumstances the continuance or possible recurrence of which is prejudicial to the health or safety of the public or any section of the public."
 

Clause 8

 

LORD CARLILE OF BERRIEW

 

LORD ALDERDICE

Page 4, line 39, leave out "six, seven, eight or nine" and insert "not less than seven nor more than eleven"
Page 5, line 2, at end insert—
"(2A)  The senior coroner may determine that the purpose of any investigation shall include ascertaining the circumstances the deceased came by his or her death where—
(a)  the senior coroner is satisfied that there are reasonable grounds to determine that the continued or repeat occurrence of those circumstances would be prejudicial to the health and safety of members of the public, or any section of it; or
(b)  the senior coroner is satisfied that there are reasonable grounds to consider such circumstances are in the public interest."
 

Clause 16

 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

Page 10, line 18, at end insert—
  "In making a request for a partial post-mortem examination, or a particular kind of examination, the coroner shall consult with a medical examiner."
 

Before Clause 18

 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

Insert the following new Clause—
  "National medical adviser to the chief coroner
(1)  The Secretary of State for Health may appoint a person as the National Medical Adviser to the Chief Coroner.
(2)  The Secretary of State for Health must consult the Lord Chancellor and the Lord Chief Justice before making an appointment under this section."
 

Clause 19

 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

Page 11, line 1, at end insert—
"(   )  The Chief Coroner shall appoint an experienced forensic pathologist to be the National Medical Adviser."
Page 11, line 8, at end insert "to the minimum standards as laid down from time to time by the National Medical Adviser to the Chief Coroner"
Page 11, line 16, at end insert ", and
(c)  has successfully completed and qualified from an approved course of study for medical examiners"
 

After Clause 20

 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

Insert the following new Clause—
  "Regulations about training: medical examiners
(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) make provisions as to—
(a)  the kind of training to be undertaken;
(b)  the amount of training to be undertaken;
(c)  the frequency with which the training is to be undertaken."
Insert the following new Clause—
  "Regulations about standards: medical examiners
  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."
 

Schedule 4

 

LORD CARLILE OF BERRIEW

 

LORD ALDERDICE

Page 126, line 41, at end insert—
"(7)      The Secretary of State must issue a code of practice in connection with the entry and search of land and the seizure of anything on the land by a senior coroner."
Page 127, leave out lines 27 and 28 and insert "the provisions of sub-paragraph (1A) shall apply.
(1A)      Those provisions are—
(a)  the coroner may report the matter to a person who the coroner believes may have power to take such action;
(b)  the coroner may make recommendations to the person referred to in paragraph (a);
(c)  the coroner may report the matter and recommendations to the Chief Coroner, who must maintain a record of such reports and recommendations reported to him."
Page 127, line 32, at end insert—
"(4)      The Chief Coroner shall once a year make a report to the Lord Chancellor of the reports and recommendations made by senior coroners in the previous 12 months."
 

After Clause 27

 

LORD CARLILE OF BERRIEW

 

LORD ALDERDICE

Insert the following new Clause—
  "Review of access to legal aid in inquests
(1)  The Secretary of State shall, within one year after the date on which this Act is passed, lay before both Houses of Parliament a report on access to legal aid and other funding for bereaved families in relation to inquests.
(2)  The report under subsection (1) shall be prepared by a person appointed by the Secretary of State following consultation with—
(a)  the Lord Chief Justice; and
(b)  such other persons as the Secretary of State shall consider appropriate to consult."
 

Schedule 6

 

LORD CARLILE OF BERRIEW

 

LORD ALDERDICE

Page 130, line 25, leave out "(or on behalf of)" and insert "the relevant local authority, on behalf of"
Page 130, line 28, leave out "(or on behalf of)" and insert "the relevant local authority, on behalf of"
Page 131, line 7, leave out "(or on behalf of)" and insert "the relevant local authority, on behalf of"
Page 131, line 29, leave out from "coroners" to end of line 30
 

After Clause 33

 

LORD CARLILE OF BERRIEW

 

LORD ALDERDICE

Insert the following new Clause—
  "Oversight by Chief Coroner
(1)  The Chief Coroner may require senior coroners and medical examiners to provide him routinely with information he deems necessary in order for him to identify—
(a)  trends in deaths reported to coroners and deaths not reported to coroners, and
(b)  problems in the functioning, capacity of funding or the coronial system.
(2)  A copy of reports submitted by senior coroners under paragraph 6(1) of Schedule 4 and a copy of responses to those reports must also be submitted to the Chief Coroner.
(3)  The Chief Coroner may keep central records of all information provided to him under subsection (1) and reports under subsection (2).
(4)  Where trends in deaths are identified under subsection (1), the Chief Coroner may order an investigation to ascertain the causes of deaths to be carried out by—
(a)  a senior coroner, or
(b)  appropriate and suitably qualified researchers.
(5)  The results of an investigation carried out under subsection (4) must be reported to the Chief Coroner and to the appropriate authority.
(6)  Where an authority receives a report under subsection (5), it must publish details of the action which needs to be taken to prevent subsequent deaths.
(7)  The Chief Coroner must provide an annual report to the Lord Chancellor which may contain—
(a)  details of problems identified under subsection (1),
(b)  details of action taken under subsections (4) and (6),
(c)  details of senior coroners' reports and responses to them under paragraph 6(1) of Schedule 4, and
(d)  matters of outstanding concern to the Chief Coroner in relation to this section.
(8)  The Lord Chancellor must lay a copy of the Chief Coroner's annual report before Parliament within 60 days of receiving the report."
 

After Clause 51

 

LORD ALDERDICE

Insert the following new Clause—
  "Exceptions to offence of assisting suicide
  Notwithstanding sections 49 to 51, no offence shall have been committed if assistance is given to a person to commit suicide who is suffering from a confirmed, incurable and disabling illness which prevents him from carrying through his own wish to bring his life to a close, if the person has received certification from a coroner who has investigated the circumstances, and satisfied himself that it is indeed the free and settled wish of the person that he brings his life to a close."

 
 
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28 May 2009