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2009
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Disclosure of information

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Lords Second Reading Committee motion to consider the Bill. Agreed to on question.

Lead member
Lord Bach
Answering member
Lord Hunt of Wirral
Department
Ministry of Justice
Type
Debates on bills; Second Reading Committee proceedings
Date
7 December 2009
Reference
715 c41-52GC
House
House of Lords

My Lords, I am most grateful to the noble Lords who have taken the trouble to come to this Second Reading Committee today, and I particularly thank those who have spoken. I do not expect that the reporting of this Bill will make headlines tomorrow, but it is significant because...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
7 December 2009
Reference
715 c50-2GC
House
House of Lords

My Lords, first, I declare the interests set out against my name in the Register—in particular, my being a partner in the national commercial law firm Beachcroft LLP. I thank the Minister for his very clear outline of exactly what the Bill seeks to achieve. I say at the outset...

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
7 December 2009
Reference
715 c45-7GC
House
House of Lords

My Lords, I wholeheartedly support the Bill, as does my party—or, at least, those members of my party who are aware of the Bill’s existence. It is an absolutely prime example of why the new procedure is very valuable and must be continued. Let us look at the Bill’s history,...

Member
Lord Goodhart (Liberal Democrat)
Type
Proceeding contributions
Date
7 December 2009
Reference
715 c47-8GC
House
House of Lords

My Lords, over the years, many of us have been critical, if not highly critical, of the Government and previous Governments for failing to implement, or for unduly delaying the implementation of, worthwhile Law Commission reports asked for by the Government of the day. It is a pleasure, therefore, to...

Member
Lord Borrie (Labour)
Type
Proceeding contributions
Date
7 December 2009
Reference
715 c48-50GC
House
House of Lords
Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
7 December 2009
Reference
715 c41GC
House
House of Lords

My Lords, this Bill implements, with minor modifications, the recommendations of the Law Commission and the Scottish Law Commission in their joint 2001 report, Third Parties— Rights Against Insurers. I am very grateful to the Law Commissions for their work. The Bill comes before your Lordships’ House as the second...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
7 December 2009
Reference
715 c41-5GC
House
House of Lords

My Lords, I will reply to that. There is all the difference in the world between now adding the provision to allow a coroners’ court to hear intercept evidence, and the careful, detailed and complicated negotiations and consideration that took place in preparing the Regulation of Investigatory Powers Act 2000—I...

Member
Baroness Ramsay of Cartvale (Labour)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c725
House
House of Lords

Clause 3: Direction for other coroner to conduct investigation Amendment 2 2: Clause 3, page 3, line 2, at end insert— "( ) Before giving a direction under this section, the Chief Coroner must take into consideration the resources available to coroner A."

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c716
House
House of Lords

Clause 7: Whether jury required Amendment 6 6: Clause 7, page 4, leave out lines 25 to 27

Member
Lord Ramsbotham (Crossbench)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c737
House
House of Lords

As I understand it, it will not come out of taxpayers’ pockets. It is just the extra cost of setting up a central structure. I will try and get more details and if I cannot, I will write to the noble Lord. I was going to end by saying that...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c800
House
House of Lords

Amendment 36 36: After Clause 18, insert the following new Clause— "Short death certificates The Lord Chancellor must by regulations make provision to introduce short death certificates, which omit the cause of death."

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c792
House
House of Lords

Amendment 31 31: Clause 12, page 6, line 37, leave out from "service"" to end of line 38 and insert "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...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c762
House
House of Lords

My Lords, to have an efficient and workable system, what is necessary? Let us take the case of a prisoner who dies from old age or illness, where the cause of death is absolutely clear. Is it in the best interests of the coronial system to have an inquest with...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c744
House
House of Lords

My Lords, I shall make it easy for the Minister: I am more or less happy, and I will certainly not be pressing this amendment. I am also interested in the detail he gave about how the regulations will work and what will be in them to deal with this...

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c718-9
House
House of Lords

I am grateful to all noble Lords who have taken part in this debate and to the Minister for his reply. My understanding has always been responsibility, yes; liability, no. That is what I was seeking to enshrine. The Minister mentioned that the inquest is inquisitorial. It is not always...

Member
Lord Ramsbotham (Crossbench)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c753-4
House
House of Lords

Clause 9: Determinations and findings by jury Amendment 14 14: Clause 9, page 5, line 20, leave out paragraph (a) and insert— "(a) only one or two of the jury do not agree on it, and" Amendment 14 agreed.

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c746
House
House of Lords

My Lords, my name is attached to this amendment and I wish to give support to what the noble Lord, Lord Ramsbotham, has said. In a sense we are returning to territory similar to that which we discussed under Amendment 3 and Clause 5 regarding the coroner’s grounds for exploration,...

Member
Lord Alderdice (Liberal Democrat)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c751
House
House of Lords

My Lords, we move now to another part of the Bill which addresses the outcome of investigations. I refer to another Bill that addresses the issue of deaths in prison—the corporate manslaughter Bill. This House voted for the Prison Service to be included in that legislation and said that any...

Member
Lord Ramsbotham (Crossbench)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c750-1
House
House of Lords

Clause 10: Determinations and findings to be made Amendment 16 16: Clause 10, page 5, line 38, leave out subsection (2) and insert— "(2) A determination under subsection (1)(a) shall not affect the criminal or civil liability of any party and shall not be admissible as evidence of proof of...

Member
Lord Ramsbotham (Crossbench)
Type
Proceeding contributions
Date
21 October 2009
Reference
713 c749
House
House of Lords