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Coroners and Justice Bill 2008-09

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Coroners and Justice Bill 2008-09 (512)

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My Lords, government Amendments 2, 4, 12 and 31 bring us back to the important issue of investigations into the deaths of service personnel who die serving their country. We tabled the amendments following the House’s agreement to a similar amendment tabled on Report by the noble Baroness, Lady Fookes....

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c382-3
House
House of Lords

5: After Clause 27, insert the following new Clause— "Amendment of Treasure Act 1996 After section 8 of the Treasure Act 1996 (c. 24) (duty of finder to notify coroner) insert— "8A Duty to notify coroner of possession of certain objects (1) A person who— (a) has possession of an...

Member
Lord Redesdale (Liberal Democrat)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c384
House
House of Lords

My Lords, had my noble friend been allowed to continue, we would now be on the next amendment. I do not understand why the Government Front Bench and the Opposition Front Bench—I am highly suspicious about it, quite frankly—are wanting to, as it were, filibuster because I understood that the...

Member
Lord Shutt of Greetland (Liberal Democrat)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c422
House
House of Lords

8: Clause 35, page 17, line 21, at end insert— "( ) the matters recorded under paragraph 3A of Schedule 5;"

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c389
House
House of Lords

My Lords, having been a solicitor for some five years and a member of the Bar for too many years, I declare an interest to that effect. I have deep in my bowels a distaste for any litigation in which the lawyer has an interest. I have to weigh that...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c410-1
House
House of Lords

My Lords, I am very grateful to the three noble Lords who have spoken, not just for the thanks they have given to the Government for fulfilling our undertaking on Report, but for the way in which they have brought pressure on various departments of the Government to move these...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c386-7
House
House of Lords

My Lords, I thank the Minister for that response. I, too, noticed the article in the Metro this morning. Anyone can go to the British Museum and see the great Staffordshire hoard. I say that only because it was looted from Northumbria, and I very much hope that it will...

Member
Lord Redesdale (Liberal Democrat)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c387-8
House
House of Lords

My Lords, I certainly agree that it is a matter of great importance, but it would be better on this occasion if I wrote to all those who have taken part in this debate.

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c387
House
House of Lords

7: Clause 35, page 17, line 19, at end insert— "( ) the number and length of— (i) investigations in respect of which notification was given under subsection (1)(a) or (b) of section (Investigations lasting more than a year), and (ii) investigations that were not concluded or discontinued by the...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c389
House
House of Lords

6: After Clause 29, insert the following new Clause— "Duty to notify Coroner for Treasure etc of acquisition of certain objects (1) After section 8 of the Treasure Act 1996 (c. 24) there is inserted— "8A Duty to notify coroner of acquisition of certain objects (1) A person who— (a)...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c388-9
House
House of Lords

My Lords, we return to the powers in paragraph 3 of Schedule 5 for a coroner conducting an investigation to enter and search land or premises and seize any items or inspect or take copies of any documents. On Report, the noble and learned Baroness, Lady Butler-Sloss, spoke very eloquently...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c389-90
House
House of Lords

First, I thank the Minister for seeing a representative of the Coroners’ Society and myself, and, as far as they go, for the government amendments. Taking out the words "in writing" is a help. But the senior coroners remain very concerned that they are trained to be coroners and they...

Member
Baroness Butler-Sloss (Crossbench)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c390
House
House of Lords

9: Clause 35, page 17, line 22, leave out "Schedule 5" and insert "that Schedule" Amendment 9 agreed. Clause 43 : Treasure regulations Clause 43 : Treasure regulations Amendments 10 and 11 not moved. Clause 47 : Interpretation: general Amendment 12 Clause 47 : Interpretation: general Amendment 12 Moved by

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c391
House
House of Lords

12: Clause 47, page 25, line 35, at end insert— ""active service" means service in— (a) an action or operation against an enemy (within the meaning given by section 374 of the Armed Forces Act 2006 (c. 52)), (b) an operation outside the British Islands for the protection of life...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c391
House
House of Lords

My Lords, I am grateful to the Minister for the amendment he promised on Report and for what is included in it. However, he will remember that at that stage he also undertook to hold a meeting with the noble Lord, Lord Thomas of Gresford, which I would have attended...

Member
Lord Ramsbotham (Crossbench)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c393-5
House
House of Lords

14: After Clause 49, line 8, at end insert "at the discretion of the coroner"

Member
Lord Ramsbotham (Crossbench)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c393
House
House of Lords

My Lords, these amendments would extend the scope of the community legal service in England and Wales to cover advocacy at inquests into deaths of military service personnel who die on active service. They would also put the Legal Services Commission’s ability to fund inquests into deaths in state custody...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c392-3
House
House of Lords

13: After Clause 49, insert the following new Clause— "Public funding for advocacy at certain inquests (1) Schedule 2 to the Access to Justice Act 1999 (c. 22) (Community Legal Service: excluded cases) is amended as follows. (2) In paragraph 2, at the end insert ", and (5) proceedings at...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c391-2
House
House of Lords

I thank noble Lords who have spoken, particularly the noble Lord, Lord Ramsbotham. I am duly corrected; I should of course have praised him too for the part that he has played in moving the Government as far as they have gone. I am afraid, however, that I cannot accept...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c397-8
House
House of Lords

My Lords, I thank the Government for bringing forward their amendment. We accept that there should be equality of arms between public bodies and the families of individuals who have died while in custody of the state. It has long been seen as an iniquitous situation that government departments have...

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
5 November 2009
Reference
714 c397
House
House of Lords