Clause 9 - Coroners
Human Tissue Bill
4:30 pm
Dr Stephen Ladyman (Parliamentary Under-Secretary, Department of Health; South Thanet, Labour)
The intention is certainly that the Bill should not interfere with the powers and duties of coroners. I think that we all understand that. However, coroners have a duty to act in different circumstances, and we would not want a nominated representative to interfere with those duties. I am sure that there would be no dispute between us over the fact that the coroner's powers should be protected if he suspected, for example, that something had to be investigated. However, coroners have other, wider duties under case law. For example, they may wish to order the storage and retention of bodies for the purposes of a defendant who needs the material to mount a defence in a case in which they are accused of having acted improperly. The coroner therefore has a wide range of responsibilities, which we must ensure are protected.
Amendment No. 13 would constrain a coroner from giving, in the interest of justice, a lawful direction to retain a body or human remains. If a coroner were able only to authorise retention or use in connection with his statutory functions, the nominated representative or person in a qualifying relationship would be able to prevent further examination of the remains on behalf of a person charged with connection of the death. That could result in failure to convict the guilty or acquit the innocent.