House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Coroners and Justice Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 1st June 2009, as follows—

Clauses 1 to 13
Schedule 1
Clauses 14 to 22
Schedule 2
Clauses 23
Schedule 3
Clauses 24 and 25
Schedule 4
Clauses 26
Schedule 5
Clauses 27
Schedule 6
Clauses 28
Schedule 7
Clauses 29 to 33
Schedule 8
Clauses 34 to 40
Schedule 9
Clauses 41 to 51
Schedule 10
Clauses 52 to 58
Schedule 11
Clauses 59 to 86
Schedule 12
Clauses 87 to 104
Schedule 13
Clauses 105 to 123
Schedule 14
Clauses 124 to 128
Schedule 15
Clauses 129 to 136
Schedule 16
Clauses 137 to 152
Schedule 17
Clauses 153 to 158
Schedule 18
Clauses 159 and 160
Schedule 19 and 20
Clauses 161
Schedule 21
Clauses 162 to 166

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

LORD KINGSLAND

 

LORD HENLEY

1Page 1, line 9, at end insert "notwithstanding the location where the death occurred"
 

LORD ALTON OF LIVERPOOL

 

BARONESS FINLAY OF LLANDAFF

2Page 1, line 13, at end insert—
 "or when the coroner has reason to believe that the circumstances of the death were such that, in the public interest, the death should be investigated"
 

LORD DUBS

3Page 1, line 13, at end insert—
"(   )  For the purpose of this section, the circumstances when the deceased should be considered to have been in "state detention" include—
(a)  detention by a constable or other public authority pursuant to statutory or common law powers;
(b)  detention or deprivation of liberty pursuant to the requirements of mental health legislation including the Mental Health Act 1983 (c. 20) and the Mental Capacity Act 2005 (c. 9), as amended by the Mental Health Act 2007 (c. 12);
(c)  the placement of a child in secure accommodation;
(d)  detention pursuant to immigration and asylum legislation; and
(e)  the detention of any person in custody or otherwise detained while he or she is being transported from one place to another."
 

Clause 2

 

BARONESS FINLAY OF LLANDAFF

4Page 2, line 31, at end insert—
"(   )  A senior coroner shall inform the Chief Coroner if completion of an investigation is likely to take more than 12 months from the time that the coroner was notified of the death.
(   )  The Chief Coroner shall maintain a register of prolonged investigations."
 

Clause 3

 

LORD KINGSLAND

 

LORD HENLEY

5Page 2, line 39, at end insert—
"(   )  Before giving a direction under this section, the Chief Coroner must take into consideration the resources available to coroner A."
 

BARONESS FINLAY OF LLANDAFF

6Page 3, line 9, at end insert—
"(   )  Coroner A shall notify the Chief Coroner if completion of an investigation is likely to take, or is taking, more than 12 months from the time that coroner B was notified of the death."
 

Clause 5

 

LORD ALTON OF LIVERPOOL

 

BARONESS FINLAY OF LLANDAFF

7Page 3, line 37, leave out paragraph (b) and insert—
"(b)  when, where, by what means and in what circumstances the deceased came by his or her death;"
 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

8Page 3, line 40, after "necessary" insert "in the interests of justice or"
9Page 4, line 1, after "ascertaining" insert—
"(a)"  
10Page 4, line 2, at end insert—
"(b)  whether and to what extent systematic failings were a factor in death;
(c)  whether appropriate precautions could have been taken to prevent the death;
(d)  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 behalf of the state;
(e)  any other factor relevant to the circumstances in which the deceased came by his or her death"
 

LORD DUBS

 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

 

BARONESS FINLAY OF LLANDAFF

11Page 4, line 2, at end insert—
"(2A)  The senior coroner may determine that the purpose of any investigation shall include ascertaining the circumstances in which the deceased came by his 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 to be in the public interest."
 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

12Page 4, line 3, leave out subsection (3)
 

Clause 6

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD ALDERDICE

13Page 4, line 13, leave out "an" and insert "a timely"
 

Clause 7

 

LORD BACH

14Page 4, leave out line 18
 

BARONESS MURPHY

15Page 4, leave out lines 22 to 24
 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

16Page 4, line 27, at end insert "or
(iii)  a member of the security services,"
 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

 

LORD DUBS

 

BARONESS MURPHY

17Page 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."
 

LORD CRAIG OF RADLEY

18Page 4, line 29, at end insert—
"(d)  that the death occurred while the deceased was undertaking training carried out by Her Majesty's Forces, and either—
(i)  the death was a violent or unnatural one, or
(ii)  the cause of death is unknown, or
(e)  that the death occurred while the deceased was serving in Her Majesty's Forces and under the age of 18 years, and
(i)  the death was a violent or unnatural one, or
(ii)  the cause of death is unknown."
 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

19Page 4, line 29, at end insert ", or
(d)  that the death otherwise resulted from an act or omission of a public authority."
20Page 4, line 37, at end insert—
"(5)  For the purposes of subsection (2)(d), a person or body is a "public authority" if he or it would be so considered under section 6 of the Human Rights Act 1998 (c. 42)."
 

Clause 8

 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

 

LORD DUBS

 

BARONESS FINLAY OF LLANDAFF

21Page 4, line 39, leave out "six, seven, eight or nine" and insert "not less than seven nor more than eleven"
 

Clause 9

 

LORD DUBS

22Page 5, line 17, leave out paragraph (a) and insert—
"(a)  the minority consists of not more than two, and"
 

After Clause 9

 

BARONESS FINLAY OF LLANDAFF

23Insert the following new Clause—
  "Place of inquest
  The senior coroner shall hold inquests in premises suitable for the purpose, taking into consideration the needs of the bereaved and their access to the premises by public and road transport."
24Insert the following new Clause—
  "Death of a minor: possibility to exclude press from inquest
  If the deceased is a minor, the senior coroner responsible for the inquest may exclude the press from the inquest if such exclusion is in the interest of surviving siblings of the deceased."
 

LORD THOMAS OF GRESFORD

 

BARONESS FINLAY OF LLANDAFF

 

LORD ALTON OF LIVERPOOL

25Insert the following new Clause—
  "Publicly funded legal representation
  The Secretary of State shall by regulation provide for non means-tested funds to ensure that the family of the deceased has legal representation at relevant inquests."
 

Clause 10

 

BARONESS FINLAY OF LLANDAFF

 

LORD ALTON OF LIVERPOOL

26*Page 5, line 35, leave out subsection (2) and insert—
"(2)  A determination under subsection (1)(a) shall not affect the criminal or civil liability of any party and shall not be admissible as evidence of proof of criminal or civil liability in any subsequent legal proceedings; but an inquest is not inhibited in the discharge of its functions by any likelihood of liability being inferred from the facts that it determines in accordance with subsection (1)(a) or any recommendations that it makes."
 

BARONESS FINLAY OF LLANDAFF

27Page 5, line 38, at end insert—
"(   )  A determination under subsection (1)(a) shall—
(a)  use agreed terms to allow the death to be coded using internationally agreed codes for the cause of death;
(b)  also have a narrative descriptor."
 

LORD DUBS

28Page 5, line 40, at end insert—
"(   )  Subsection (2) shall not affect the duty on the coroner to conduct an investigation which meets the requirements of section 5."
 

BARONESS FINLAY OF LLANDAFF

 

LORD ALTON OF LIVERPOOL

29*Page 5, line 40, at end insert—
"(   )  Subsection (2) shall not prevent a determination which describes how or in what circumstances the deceased came by his death, including the reasonable precautions, if any, whereby the death might have been avoided or prevented."
 

Clause 11

 

LORD BACH

 Lord Bach gives notice of his intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 12

 

LORD BACH

 Lord Bach gives notice of his intention to oppose the Question that Clause 12 stand part of the Bill.
 

After Clause 12

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD THOMAS OF GRESFORD

 

BARONESS FINLAY OF LLANDAFF

 

LORD ALTON OF LIVERPOOL

30Insert the following new Clause—
  "Information for inquests
  In section 15 of the Regulation of Investigatory Powers Act 2000 (c. 23) (general safeguards), after subsection (4)(c) insert—
"(ca)  it is necessary to ensure that an inquest has the information it needs to enable the matters required to be ascertained by the investigation to be ascertained;"."
31Insert the following new Clause—
  "Amendment to the Regulation of Investigatory Powers Act 2000
(1)  Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) (exceptions to section 17) is amended as follows.
(2)  In subsection (7), after paragraph (c) insert—
"(d)  a disclosure to a coronial judge or to a person appointed as counsel to an inquest or to members of a jury at an inquest or to an interested person in which the coronial judge has ordered the disclosure."
(3)  After subsection (8A) insert—
"(8B)  A coronial judge shall not order a disclosure under subsection (7)(d) except where the judge is satisfied that the circumstances of the case make the disclosure necessary to enable the matters required to be ascertained by the investigation to be ascertained.
(8C)  An order for disclosure made under subsection (7)(d) may include directions enabling the redaction of any material relating to the method or means by which the information was obtained."
(4)  After subsection (13) insert—
"(14)  In this section "interested person" has the same meaning as in section 38 of the Coroners and Justice Act 2009.
(15)  In this section "coronial judge" means a judge nominated by the Lord Chief Justice under the Coroners and Justice Act 2009 to conduct an investigation into a person's death and who has agreed to do so.""

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2009
8 June 2009