Concerns over Coroners and Justice Bill
16 January 2009
The Bar Council has today voiced concerns over proposals to reform the law relating to inquests, recently announced by the Ministry of Justice. The plans are contained in the Coroners and Justice Bill 2009, published on Wednesday.
Whilst the profession welcomes change in this area, the Bar Council has warned that the Bill fails to address a number of important issues. Of grave concern is the continuing narrow remit of a coroner’s investigation. The Bill provides a valuable opportunity to widen the purpose of inquests to include examination of the planning and organisation of public bodies.
The reintroduction of proposals to hold inquests relating to national security without a jury have also been met with unease. The Bar Council warns that whilst national security may require reporting restrictions in relation to inquests, the Bill, as presently drafted, risks normalising measures that should only be taken in the most extreme circumstances. Public bodies must be held accountable for their actions and closed inquests hamper the ability of coroners to do this. It is vital to ensure that the justifications of national security and detriment to the public interest are only used to hold a closed inquest where absolutely necessary. The principle of open justice must be upheld; justice must be done and be seen to be done.
Where the state is implicated in a death, it is incumbent on it to ensure that no impropriety has taken place. The Bill however restricts the situations in which a jury must be convened, particularly in relation to deaths in custody. Parliamentarians should consider carefully whether these proposals are appropriate.
Additionally the Bill does not move to rectify the inequality of the current funding situation. Public funding is currently not available to bereaved families unless exceptional circumstances exist. In contrast public bodies with an interest are often represented at inquests by one or more legal teams, funded by the tax payer.
The Bar Council has set up a working group to examine the Coroners and Justice Bill and its possible implications. It will be making representations to the Government and Parliament ahead of the second reading of the Bill.
John Cooper, Chair of the Bar Council’s Coroners and Justice Bill Working Group said:
“Whilst the Bar Council supports the need for reforms to the law relating to coroners and inquests, there are a number of areas in which the Coroners and Justice Bill could be improved to ensure this is done more effectively. The Bill serves to emphasis the continuing narrow remit of an inquest, without any attempt to re-examine the purpose of a coroner’s investigation.
“The use of closed inquest hearings and any possible reduction of the use of juries in particular must be approached with care. It is essential that the principle of open justice is defended; that justice is done and seen to be done.
“The failure to deal with the issue of public funding must also be addressed. The argument that the inquest process is inquisitorial and therefore does not require legal representation fails to hold up to scrutiny and it is essential in the interests of justice that current disparities are resolved.”
