Meeting of the Parliament 10 December 2015
Christine Grahame is right that there will not be any aeroplanes.
Members’ experiences are all different. I have experience of an FAI into a death in custody. It was a harrowing experience for everyone who was involved. I was there to ensure that the federated ranks were represented, and they were indeed represented by a lawyer. The finding was that there had been no disregard for the welfare of the individual who sadly lost his life—quite the reverse—but it was a searching experience for everyone. An FAI is certainly not a forum for laypeople—that is the most important thing for me to say—so Elaine Murray’s stage 2 amendment on trade union and staff association representation, which has now been refined, is welcome.
Another matter that may sound dry but which is important is case management. The less trauma that can be associated with the process, the better.
The provisions on allowing FAIs to be reopened and reconvened are important. I have already dealt with an inquiry from a constituent about an historical case. It is clear that the provisions in the bill will not apply to that case, and we need to send a message that the bill will not cover FAIs that are covered by the 1976 act.
Any death is traumatic, but a death where there are no remains is additionally traumatic. Many of the issues that relate to the absence of a body have been sensitively dealt with, which will be reassuring to people.
I imagine that families are completely unconcerned whether an inquiry is mandatory or discretionary, because they just want answers. The family charter will play an important role in that regard. Likewise, the provisions on deaths abroad, including those of service personnel, are to be welcomed.
There was a lot of discussion about FAI findings, on which Christine Grahame touched. Our initial thoughts on what can or cannot be achieved are often shaped by what we hear. There are challenges in that regard, but the important point is that the initial purpose of an FAI is to understand the cause of the death and to put in place mechanisms to avoid a repetition.
Public interest is also important, as is public reassurance. The bill will play its part in providing some public reassurance, and I will certainly support it at decision time.
16:43