House of Commons Public Bill Committee Proceedings

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Session 2008 - 09
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Other Bills before Parliament

11

House of Commons

Tuesday 24 February 2009

Public Bill Committee Proceedings

Coroners and Justice Bill

[Seventh and Eighth Sittings]

Clause 11.

Amendment 40 proposed, in page 6, line 4, after ‘if’, insert ‘the matter has been

referred to the Lord Chief Justice and he or she is’.—(Mr Henry Bellingham).

Withdrawn

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  42

Clause  11,  page  6,  line  6,  leave out ‘any of the reasons’ and insert ‘the reason’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  43

Clause  11,  page  6,  line  9,  leave out ‘reasons are’ and insert ‘reason is’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  41

Clause  11,  page  6,  leave out lines 12 to 16.

Public Bill Committee Proceedings: 24 February 2009
12

Coroners and Justice Bill, continued

David Howarth

Jenny Willott

Not selected  62

Page  6,  line  2,  leave out Clause 11.

Clause Agreed to on division.

David Howarth

Jenny Willott

Not called  63

Clause  12,  page  7,  line  3,  leave out ‘Secretary of State’ and insert ‘High Court on

application by the Secretary of State or by any interested person.

(1A)
The court may discontinue a certificate if it is satisfied that the certificate is no

longer necessary to prevent material or information being disclosed whose

disclosure would be seriously detrimental to national security.’.

David Howarth

Jenny Willott

Not called  64

Clause  12,  page  7,  line  6,  leave out ‘11(3)(a)’ and insert ‘[Certified

investigations](4)(b)’.

David Howarth

Jenny Willott

Not called  65

Clause  12,  page  7,  line  9,  leave out ‘11(3)’ and insert ‘[Certified

investigations](4)(b)’.

David Howarth

Jenny Willott

Not called  66

Clause  12,  page  7,  line  15,  leave out from ‘must’ to end of line 17 and insert

‘continue with the inquest with the jury already summoned.’.

Clause Agreed to.

David Howarth

Jenny Willott

Not called  67

Clause  13,  page  7,  leave out lines 22 to 31 and insert—

“(d)
disclosure for the purposes of an inquest for which a certificate exists

under section 11 of the Coroners and Justice Act 2009; or’.

David Howarth

Jenny Willott

Not called  68

Clause  13,  page  7,  line  41,  after ‘Court’, insert ‘or Coroner’.

Public Bill Committee Proceedings: 24 February 2009
13

Coroners and Justice Bill, continued

David Howarth

Jenny Willott

Not called  69

Clause  13,  page  7,  line  42,  after ‘judge’, insert ‘or coroner’.

Clause Agreed to.

Clause 14 Agreed to.

Jenny Willott

David Howarth

Withdrawn  118

Schedule  1,  page  118,  line  21,  at end insert ‘and must be resumed if there is any

likelihood that not resuming it might breach any Convention rights (within the meaning

of the Human Rights Act 1998 (c. 42)).’.

Schedule Agreed to.

Dr Brian Iddon

Withdrawn  188

Clause  15,  page  8,  line  22,  after ‘practitioner’, insert ‘including a radiologist’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr James Gray

Mr Tim Boswell

Not called  363

Clause  15,  page  8,  line  25,  at end insert ‘, so long as he or she is supervised by a

qualified pathologist.’.

Clause Agreed to.

Clauses 16 and 17 Agreed to.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr James Gray

Mr Tim Boswell

Negatived on division  360

Clause  18,  page  9,  line  23,  at beginning insert ‘The Chief Coroner in consultation

with’.

Public Bill Committee Proceedings: 24 February 2009
14

Coroners and Justice Bill, continued

Jenny Willott

David Howarth

Not called  116

Clause  18,  page  9,  line  23,  after ‘Wales)’, insert ‘, after consulting the local senior

coroner,’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr James Gray

Mr Tim Boswell

Not called  361

Clause  18,  page  9,  line  26,  leave out ‘Each Trust or Board’ and insert ‘The Chief

Coroner’.

Jenny Willott

David Howarth

Withdrawn  115

Clause  18,  page  9,  line  29,  at end insert ‘to the minimum standards as laid down for

time to time by the National Medical Adviser to the Chief Coroner,’.

Clause Agreed to.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr James Gray

Mr Tim Boswell

Withdrawn  359

Clause  19,  page  10,  line  43,  at end insert—

‘(ca)
provision allowing any medical practitioner to notify the coroner of any

concern over the circumstances in which a person has died;’.

Dr Brian Iddon

Not called  104

Clause  19,  page  11,  line  3,  at end insert ‘, including an investigation into the drugs

the deceased had been taking prior to his or her death;’.

Clause Agreed to.

Clauses 20 and 21 Agreed to.

Jenny Willott

David Howarth

Withdrawn  119

Schedule  2,  page  121,  line  11,  at end insert—

‘(2A)
Each coroner area is to have the same boundaries as each medical examiner

area.’.

Public Bill Committee Proceedings: 24 February 2009
15

Coroners and Justice Bill, continued

Jenny Willott

David Howarth

Not called  126

Schedule  2,  page  121,  line  26,  at end insert—

‘(aa)
whichever local authorities are affected by the proposed alterations,’.

Alun Michael

Not selected  447


Schedule  2,  page  121,  line  35,  leave out paragraph 3 and insert—

‘3
The Secretary of State is the relevant authority for each coroner area.’.

Schedule Agreed to.

Clause 22 Agreed to.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Withdrawn  44

Schedule  3,  page  123,  line  7,  leave out ‘relevant authority’ and insert ‘senior

coroner’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  46

Schedule  3,  page  123,  line  10,  leave out ‘relevant authority’ and insert ‘senior

coroner’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  47

Schedule  3,  page  123,  line  20,  leave out ‘70’ and insert ‘72’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  45

Schedule  3,  page  123,  line  21,  leave out sub-sub-paragraph (b).

Public Bill Committee Proceedings: 24 February 2009
16

Coroners and Justice Bill, continued

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Withdrawn  32

Schedule  3,  page  124,  line  41,  leave out ‘are not’ and insert ‘will continue’.

Jenny Willott

Not called  260

Schedule  3,  page  124,  line  41,  leave out ‘not’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  33

Schedule  3,  page  125,  line  3,  leave out ‘70’ and insert ‘72’.

Jenny Willott

Withdrawn  259

Schedule  3,  page  126,  line  23,  at end add ‘in accordance with standards and

guidance produced by the Chief Coroner’.

Schedule Agreed to.

Dr Brian Iddon

Not called  190

Clause  23,  page  13,  line  31,  after ‘staff’, insert ‘including staff available outside

normal office hours,’.

Jenny Willott

David Howarth

Withdrawn  117

Clause  23,  page  13,  line  36,  at end insert—

‘(1A)
In making provision under subsection (1), the authority must ensure that the

minimum standards laid down from time to time by the Chief Coroner are

fulfilled.’.

Jenny Willott

Not called  261

Clause  23,  page  14,  line  4,  leave out ‘(b) and (c)’.

Mr David Kidney

Not called  92

Clause  23,  page  14,  line  6,  at end insert—

‘(4A)
A senior coroner may report to the Lord Chancellor any failing by a relevant

authority to discharge its duties under subsection (1).

Public Bill Committee Proceedings: 24 February 2009
17

Coroners and Justice Bill, continued

(4B)
The Lord Chancellor may from time to time publish guidance about the procedure

for resolving any matter of dispute relating to a report made to him pursuant to

subsection (4A).

(4C)
The Lord Chancellor may give a direction requiring the senior coroner, and the

relevant authority to take action within a period specified in the direction to

resolve any matter of dispute relating to a report made to him pursuant to

subsection (4A).’.

Clause Agreed to.

Clause 24 Agreed to.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Withdrawn  34

Schedule  4,  page  127,  line  41,  leave out from ‘Coroner’ to end of line 43.

Jenny Willott

David Howarth

Not called  120

Schedule  4,  page  128,  line  41,  at end insert—

‘(7)
The Secretary of State must issue a code of practice in connection with the entry

and seach of land and the seizure of anything on the land by a senior coroner.’.

Jenny Willott

David Howarth

Not called  121

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 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.’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Not called  35

Schedule  4,  page  129,  line  27,  leave out first ‘may’ and insert ‘must’.