Clause 5
11:45 am
Frank Cook (Stockton North, Labour)
With this it will be convenient to discuss the following: amendment 112, in clause 5, page 3, line 40, after ‘necessary’, insert ‘in the interests of justice or’.
Amendment 113, in clause 5, page 4, line 1, after ‘ascertaining’, insert ‘—
(i) ’.
Amendment 114, in clause 5, page 4, line 2, at end insert—
‘(ii) whether and to what extent systematic failings were a factor in death;
(iii) whether appropriate precautions could have been taken to prevent the death;
(iv) 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;
(v) any other factor relevant to the circumstances in which the deceased came by his or her death.’.
Amendment 70, in clause 5, page 4, leave out lines 3 to 9.
Clause stand part.
Amendment 121, in schedule 4, page 129, leave out lines 27 and 28 and insert
‘the provisions laid out in 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 sub-sub-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.’.
Amendment 35, in schedule 4, page 129, line 27, leave out first ‘may’ and insert ‘must’.
Amendment 48, in schedule 4, page 129, line 30, at end add—
‘(3) The senior coroner may then request the relevant person to submit, within 3 months, a full update on any action he has taken, or alternatively detail the reasons for any failure to take action.
(4) The senior coroner must at the end of each year forward all reports and updates to the Chief Coroner, who must present them to Parliament.’.
Amendment 122, in schedule 4, page 129, line 30, at end add—
‘(3) 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.’.
Amendment 93, in schedule 4, page 129, line 30, at end add—
‘7 (1) A person who fails to comply with the duty in paragraph 6(2) commits an offence.
(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
8 (1) A senior coroner shall send to the Chief Coroner a copy of all—
(i) reports referred to in paragraph 6(1); and
(ii) responses referred to in paragraph 6(2).
(2) The Chief Coroner shall maintain a register of all the material he receives pursuant to sub-paragraph (1) and shall from time to time publish a summary of—
(i) the reports and responses referred to in sub-paragraph (1) subject to appropriate protection of confidential data; and
(ii) his analysis of the conclusions to be drawn from them with regard to reducing the risk of death.
(3) The Chief Coroner shall send copies of the reports he publishes pursuant to sub-paragraph (2) to—
(i) the Lord Chancellor; and
(ii) Parliament.’.