Coroners and Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Schedule 1

 

BARONESS FINLAY OF LLANDAFF

 

LORD ALTON OF LIVERPOOL

32*Page 115, line 11, leave out "an exceptional" and insert "a good"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD THOMAS OF GRESFORD

 

BARONESS FINLAY OF LLANDAFF

 

LORD ALTON OF LIVERPOOL

33Page 115, line 28, leave out paragraph 3
34Page 117, line 14, leave out paragraph 8
35Page 117, line 16, leave out paragraph (a) and insert—
"(a)  it must be resumed;"
36Page 118, line 27, leave out paragraph (a)
 

Before Clause 14

 

LORD CRAIG OF RADLEY

37Insert the following new Clause—
  "Skills and experience of coroners
  The Chief Coroner must ensure that there are coroners with the necessary skills and experience to hold investigations and inquests into the deaths of service personnel who have lost their life while on duty abroad."
 

Clause 14

 

LORD CRAIG OF RADLEY

38Page 8, line 28, leave out from "(c. 52)" to end of line 33
39Page 8, line 37, leave out from "discipline" to end of line 39
40Page 9, line 10, leave out subsection (6)
 

Clause 16

 

BARONESS FINLAY OF LLANDAFF

41Page 9, line 42, after "may" insert "after consultation with the appointed medical examiner"
42Page 10, line 3, at end insert—
"(   )  is an appropriately trained pathologist,
(   )  is a registered medical practitioner being supervised by an appropriately trained pathologist, or"
43Page 10, line 6, at end insert—
"(   )  The post-mortem examination shall be authorised for training purposes unless specifically prohibited by the coroner on the grounds that observation of the post-mortem is likely to jeopardise—
(a)  national security;
(b)  public health; or
(c)  the conduct of the inquiry."
 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

44Page 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."
 

BARONESS FINLAY OF LLANDAFF

45Page 10, line 18, at end insert—
"(   )  The senior coroner may instruct that tissue is retained from the post-mortem examination—
(a)  if the relatives of the deceased are not able at the time of the post-mortem to give consent to the retention of tissue,
(b)  if the retention of tissue is likely to be in the interests of the relatives of the deceased,
(c)  for the purpose of investigations of this type of death as part of a national investigation that has been appropriately approved, or
(d)  if the retention of the tissue is likely to contribute to investigations of several deaths in the future."
 

After Clause 17

 

LORD KINGSLAND

 

LORD HENLEY

46Insert the following new Clause—

"Amendments to the Inquiries Act 2005

  Amendments to the Inquiries Act 2005
(1)  The Inquiries Act 2005 (c. 12) is amended as follows.
(2)  In section 3 (the inquiry panel), after subsection (2) insert—
"(3)  Where the inquiry is underaken to investigate the matters to be ascertained under section 5(1) of the Coroners and Justice Act 2009 it must be conducted by a High Court judge or more senior judge."
(3)  In section 5 (setting-up date and terms of reference), in subsection (3) at the end insert—
  "The Minister shall not have this power where the inquiry is an investigation into the matters to be ascertained under section 5(1) of the Coroners and Justice Act 2009."
(4)  In section 13 (power to suspend inquiry), after subsection (3) insert—
"(3A)  Where the inquiry is an investigation into the matters to be ascertained under section 5(1) of the Coroners and Justice Act 2009, the chairman, who must be a High Court judge or more senior judge, must consent to the exercise by the Minister of any powers under this section."
(5)  In section 19 (restrictions on public access), after subsection (1) insert—
"(1A)  Where the inquiry is an investigation into the matters to be ascertained under section 5(1) of the Coroners and Justice Act 2009, this section will not apply unless the chairman, who must be a High Court judge or more senior judge, consents."."
 

Before Clause 18

 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

47Insert the following new Clause—
  "National Medical Adviser to the Chief Coroner
(1)  The Secretary of State may appoint a person as the National Medical Adviser to the Chief Coroner.
(2)  The Secretary of State must consult the Lord Chancellor and the Lord Chief Justice before making an appointment under this section."
 

After Clause 18

 

BARONESS FINLAY OF LLANDAFF

48Insert the following new Clause—
  "Chief Medical Advisor to the Chief Coroner
(1)  The Secretary of State shall—
(a)  appoint a Chief Medical Advisor to the Chief Coroner;
(b)  consult with the Lord Chancellor in making regulations concerning the responsibilities of the Chief Medical Advisor.
(2)  The Chief Medical Advisor must—
(a)  be a registered medical practitioner and have been so throughout the previous 10 years;
(b)  practise as such or have done so within the previous 7 years; and
(c)  monitor the performance of medical examiners by reference to the standards and levels of performance that the medical examiners are expected to attain."
 

Clause 19

 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

49Page 11, line 1, at end insert—
"(   )  The Chief Coroner shall appoint an experienced forensic pathologist to be the National Medical Adviser."
 

LORD KINGSLAND

 

LORD HENLEY

50Page 11, line 2, at beginning insert "The Chief Coroner in consultation with"
 

LORD ALTON OF LIVERPOOL

51Page 11, line 2, leave out from beginning to "must" and insert "The Chief Coroner"
 

LORD KINGSLAND

 

LORD HENLEY

52Page 11, line 2, after "Wales)" insert "after consulting the local senior coroner"
 

LORD KINGSLAND

 

LORD HENLEY

 

LORD ALTON OF LIVERPOOL

53Page 11, line 5, leave out "Each Trust or Board" and insert "The Chief Coroner"
 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

54Page 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"
 

BARONESS FINLAY OF LLANDAFF

55Page 11, line 9, leave out paragraph (b)
 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

56Page 11, line 16, at end insert ", and
(c)  has successfully completed and qualified from an approved course of study for medical examiners"
 

BARONESS FINLAY OF LLANDAFF

57Page 11, line 18, after "of" insert "the Chief Medical Advisor and of"
58Page 11, line 20, after "to" insert "the Chief Medical Advisor and"
59Page 11, line 24, after second "as" insert "the Chief Medical Advisor or"
60Page 11, line 26, after "by" insert "the Chief Medical Advisor and"
61Page 11, line 28, after "by" insert "the Chief Medical Advisor and by"
62Page 11, line 29, after "on" insert "the Chief Medical Advisor and"
63Page 11, line 30, after "of" insert "the Chief Medical Advisor and"
 

Clause 20

 

LORD ALTON OF LIVERPOOL

 

BARONESS FINLAY OF LLANDAFF

64Page 12, line 4, leave out "may" and insert "will, having consulted the Chief Coroner,"
 

LORD KINGSLAND

 

LORD HENLEY

65Page 12, line 16, leave out from "if" to ", to" in line 17 and insert "required by a change in circumstances"
 

LORD ALTON OF LIVERPOOL

 

BARONESS FINLAY OF LLANDAFF

66Page 13, line 19, at end insert—
"(   )  An attending practitioner's certificate prepared under subsection (1)(a)(i) will replace the existing separate certificates issued for Cremation and Burial under the Cremation Acts 1902 (c. 1) and 1952 (c. 31), and the Births and Deaths Registration Act 1953 (c. 20) respectively."
 

LORD BACH

67Page 13, line 43, leave out from "consequence" to end and insert "of—
(a)  provision made by regulations under this Chapter or by Coroners regulations, or
(b)  provision contained in, or made by regulations under, Part 2 of the 1953 Act as amended by Part 1 of Schedule 19 to this Act."
 

After Clause 20

 

LORD ALDERDICE

 

LORD THOMAS OF GRESFORD

68Insert 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 provision 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."
69Insert 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."
70Insert the following new Clause—
  "Cooperation between coroners and inquiries by statutory regulatory bodies
(1)  The Care Quality Commission and its successors may request the cooperation of a senior coroner in the course of their investigations under the following circumstances—
(a)  they are fulfilling their investigatory duties in accordance with the Health and Social Care Act 2008 (c. 14);
(b)  there is reason to believe that a senior coroner has conducted an investigation which may be connected to an ongoing investigation by the Care Quality Commission as authorised under the Health and Social Care Act 2008;
(c)  the senior coroner has been notified of a death of which a medical practitioner is aware, under section 18, which may be connected to an ongoing investigation by the Care Quality Commission.
(2)  If a senior coroner receives a request under subsection (1), the senior coroner is required to cooperate with the request, and provide information including all relevant documents, subject to regulations made under subsection (3).
(3)  The Secretary of State may by regulation—
(a)  prescribe a period within which the requirement is to be complied with;
(b)  prescribe cases or circumstances in which the requirement does, or does not, apply, and may in particular provide for the requirement not to apply during a period of emergency.
(4)  All cooperation between a senior coroner and the Care Quality Commission must include the provision of all data gathered in respect to the provision of section 20.
71Insert the following new Clause—
  "Cooperation between medical examiners and inquiries by statutory regulatory bodies
(1)  The Care Quality Commission and its successors may request the cooperation of a medical examiner in the course of their investigations under the following circumstances—
(a)  they are fulfilling their investigatory duties in accordance with the Health and Social Care Act 2008 (c. 14);
(b)  there is reason to believe that a medical examiner has conducted an investigation which may be connected to an ongoing investigation by the Care Quality Commission as authorised under the Health and Social Care Act 2008;
(2)  If a medical examiner receives a request under subsection (1), the senior coroner is required to cooperate with the request, and provide all documents pertaining to the investigation subject to the regulations made under subsection (3).
(3)  The Secretary of State may by regulation—
(a)  prescribe a period within which the requirement is to be complied with;
(b)  prescribe cases or circumstances in which the requirement does, or does not, apply, and may in particular provide for the requirement not to apply during a period of emergency.
(4)  All cooperation between a medical examiner and the Care Quality Commission must include the provision of all data gathered in respect to the provisions of section 20."
 

BARONESS FINLAY OF LLANDAFF

72*Insert the following new Clause—
  "Cremation
(1)  Where two doctors have to sign the medical certificate to allow cremation of the body or of human remains, both doctors shall retain a copy of the certificate for a minimum of 15 years, and shall supply the relevant copy or copies to the Medical Examiner on request.
(2)  The second doctor signing the certificate shall have access to the clinical record that was maintained by the doctor who signed the death certificate.
(3)  The Medical Examiner shall maintain a register of the first and second doctors signing certificates to authorise cremation."

 
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8 June 2009