Reforms to Coroners and
Justice bill address the needs of Scotland based service families
MINISTRY OF JUSTICE
News Release (036/09) issued by COI News Distribution Service. 17
March 2009
Families of
Scottish service personnel killed abroad will no longer have to
travel to England to attend their loved one's inquests under
proposed amendments to the coroners system, Justice Minister
Bridget Prentice said today.
Currently, the bodies of Scotland based service personnel killed
abroad are returned to England so that a coroner can investigate
the circumstances surrounding the death. This is because there is
currently no legislative basis under Scottish law for the Lord
Advocate to investigate deaths outside of Scotland and requires
the bereaved families to travel to England for inquests.
Bridget Prentice Justice Minister said:
"We have listened to service families in Scotland and have
responded with these amendments which will allow the coroner
systems in England and Wales and Fatal Accident Inquiry system in
Scotland, to be more responsive to families' circumstances.
These changes will mean that in most cases the next of kin will no
longer have to travel to England for inquests."
"It is important that we make bereaved service families our
top priority during what is an extremely difficult time, and try
to do everything in our power that will remove or reduce any
unnecessary distress involved."
The amendments will allow
fatal accident inquiries to take place, when appropriate, in
Scotland into the deaths of service personnel who are killed on
operations or exercises overseas.
Armed Forces Minister Bob Ainsworth said;
"Our priority has always been to provide the best possible
support to bereaved families. Holding inquiries in Scotland for
Service personnel killed on overseas operations will be a great
help to Scottish Service families at what already is a difficult
time. Families which have suffered the tragedy of losing a loved
one should, if possible, have access to a full investigation close
to home.
The Scotland Minister Ann McKechin said:
"At all stages throughout this process we have had the
interests of families who lose loved ones in mind. It simply makes
sense to make sure those who have suffered and sacrificed so much
for the UK are spared the need to travel hundreds of miles to
inquest hearings. Changing the law through this Bill means
minimising distress to the families of Scottish service personnel
who lose their lives overseas and it is the right thing to do. It
shows the UK Government responding to the needs of families in an
effective way and I believe it will be welcomed across Scotland
and the UK."
The Coroners and Justice Bill is currently before Parliament and
is expected to receive Royal Assent towards the end of the year.
These changes will come into effect as soon as possible after that.
Notes to Editors
1. The proposed amendments to the Coroners and Justice Bill
outlined in this media release were tabled in Parliament on
Tuesday 17th March in the late evening.
2. The proposed amendments will enable Fatal Accident Inquires to
be held in Scotland for:
a. Service personnel who are killed in operational theatres
(other than from natural causes;
b. Associated personnel (e.g. contractors, civil servants,
embedded journalists) in operational theatres;
c. Service personnel embarked in HM Ships/Royal Fleet Auxiliary
d. Service personnel on overseas exercises
3. The amendments to the Bill will enable the following process
for the above personnel:
a. If a body is still outside the UK, the Secretary of State (for
Defence) may seek the agreement of the Lord Advocate to hold a FAI
into the death (this will follow consultation with the next of kin).
b. If the Lord Advocate agrees to hold the FAI the body will if
possible be repatriated (direct) to Scotland;
c. If the body has already been repatriated to England and Wales
the Chief Coroner (the new position which the Bill creates) may -
following consultation with the next of kin - seek the agreement
of the Lord Advocate to hold an FAI into the death.
d. If the Lord Advocate agrees to hold the FAI, the Chief Coroner
will direct the relevant coroner to suspend their investigation
and transfer the body into Scottish jurisdiction.
4. There may be some instances where deaths will be investigated
by a Coroner in England, even though the family is based in
Scotland. An example would be the investigation of an incident
involving several deaths, where the majority of families were
based in England.
5. We are also tabling an amendment to the Coroners and Justice
Bill which will amend the Coroners Act (Northern Ireland) 1959 to
bring the law in Northern Ireland into line with that in England
and Wales, by enabling the coroner there to conduct an
investigation where a body lies in Northern Ireland, irrespective
of where the death took place. Northern Ireland, like England, has
an inquest and coroner system. However under the law as it
currently stands it is not possible for the coroner there to
conduct an inquest into a death that occurred outside of Northern Ireland.