Clause 30
Coroners and Justice Bill
8:45 pm
Henry Bellingham (Shadow Minister, Justice; North West Norfolk, Conservative)
I beg to move amendment 362, in clause 30, page 16, line 46, at end insert
‘, subject to all coroners enjoying indemnity for costs.’.
The amendment relates to subsection (7) which deals with what the chief coroner may do if the appeal is successful and allowed. The chief coroner can take a number of different actions including amending the determination, and they can substitute any other decision. Under paragraph (d), they can
“make any order (including an order as to costs)”
that they think appropriate.
My concern is that the senior coroner should enjoy indemnity from costs being awarded against them. We talked earlier about the independence of that office. We were talking about the need to ensure that morale in the service remains high. We are also, to some extent, moving into uncharted territory with the new appeals system. I am sure that the Minister will agree that while there is a great deal to recommend the new appeals system, there is a whole new area of opportunity for people who may feel disgruntled and upset, which is a good thing in many ways.
I mentioned two cases earlier where the families were extremely distressed about what happened—in one case a death certificate was not amendable, and in the other the inquest had been adjourned and was not going to be restarted. Under the clause, they would be able to appeal. The Minister in her reply to that earlier discussion said that the clause would play a pivotal part in giving those families the sort of remedies that they are quite entitled to expect. I am concerned that there might be an order for costs against the coroner personally. Perhaps the Minister will comment on that and tell us whether she is prepared to accept amendment 362.