To ask the Scottish Government what its position is on whether there are excessive delays in holding fatal accident inquiries. (S6O-03530)

The Solicitor General for Scotland (Ruth Charteris KC):

The decision to hold a fatal accident inquiry is taken after thorough and independent investigation, the timeframe for which depends on the nature and circumstances of the death. There are often legitimate reasons for prolonged investigation, including the need to await the outcome of investigations by reporting agencies, to consider reports from agencies or to instruct expert evidence.

The Crown Office and Procurator Fiscal Service has significantly reformed its processes in recent years to improve the quality of death investigations and to reduce the time taken to investigate deaths and bring FAIs to court. However, in some cases FAIs have simply taken too long to commence. We appreciate and very much regret the impact that waiting for investigations to conclude has on families.

What faith can bereaved families have in the justice system when they have to wait, in some cases for eight years, before an FAI is held and are fobbed off with explanations that appear to have come from “The Bumper Book of Excuses”? Will the Solicitor General or the Lord Advocate therefore come before Parliament and give a full statement so that Parliament as a whole can scrutinise this failure of the current system?

The Solicitor General for Scotland:

I recognise that all families who have lost a loved one rightly expect investigations into the death to be progressed as expeditiously as possible. I offer my sincere apologies to all families who have simply waited too long for FAI proceedings to commence.

We want to do better. To that end, we have been working hard to make changes, and significant modernisation has taken place. For example, criminal investigations and related wider death investigations now proceed in parallel, so that FAIs can begin swiftly after the conclusion of criminal proceedings. We are working with specialists and other partner agencies to reduce the time that it takes to conclude investigations. Every death investigation that is more than two years old and deaths in custody are monitored by senior management through a case-management panel process. We have also instituted a death investigations improvement board.

Death investigations are a difficult, sensitive and hugely important area of work that the COPFS strives to do well. There are inherent challenges in death investigations, which are not unique to Scotland. There are clear indications that the situation is improving. However, neither I nor the Lord Advocate are beyond self reflection. If there is a need for a statement, either of us would be happy to do so.

Typically, a few dozen FAIs take place each year, while all other deaths are considered behind closed doors at the Crown Office. Compare that with the situation in England and Wales, where tens of thousands of coroners’ inquests are held in public. Families keep being failed by Scotland’s slow and ineffective system of investigating sudden, suspicious, accidental or unexplained deaths.

Does the solicitor general agree that a root-and-branch review of FAIs is needed?

The Solicitor General for Scotland:

In our system, the Lord Advocate will instruct a discretionary fatal accident inquiry where it is in the public interest that one be held. Those are in addition to FAIs that are compulsory being held.

Every year, we investigate a large number of deaths. This year, we have dealt with approximately 14 deaths, the majority of which concluded within 12 weeks. In many cases, it is simply the case that there are no lessons to be learned from the tragedy and it is enough that the family is made aware of what happened to their loved one.

Scotland is not the only jurisdiction where a small number of complex deaths can take a long time to properly investigate. Although coroners’ inquests begin rapidly in England, they still take many years to reach conclusions. That is not to diminish or dismiss the responsibility for investigating deaths as quickly as possible and for placing the dignity of the deceased and their families at the heart of the process.

I can speak only for the work that is being carried out by the dedicated, experienced and independent team in the Crown Office and Procurator Fiscal Service, which—as I have indicated—is working hard to make changes and bring forward an increase in speed.