Hansard

I have just joined the Justice Committee, so I was not part of the bill’s stage 1 scrutiny. I have listened with interest to the debate, and I have found it very informative to hear the differing views and concerns that have been raised.

I welcome the bill and support its general principles, and I see the need to update, modernise and clarify this aspect of the law. I believe that the scope of the bill could be increased, in line with some of the changes that were proposed in Patricia Ferguson’s Inquiries into Deaths (Scotland) Bill, which was introduced during stage 1 of the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill. It would have been useful to compare and contrast both those bills in one debate, but the Government has decided that we should do otherwise. Patricia Ferguson withdrew her bill this afternoon, which I know was not an easy decision for her, but I am pleased to hear that she will lodge amendments to the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill.

I want to focus on two areas where I feel the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill could be improved: the family’s role in the process; and issues relating to those detained under the Mental Health (Care and Treatment) (Scotland) Act 2003 that were raised at stage 1.

Having come to the process late, I will start by saying that I agree with the committee’s view that we need greater clarity and understanding around fatal accident inquiries not only with regard to how everything fits together but in respect of the family’s role in what can sometimes be a very difficult and complicated process. Right now, I feel that the bill does not have the balance right.

One of the central aims of Patricia Ferguson’s bill was to make the investigation process quicker and more transparent and—critically—to give families a more central role. The two bills had similar themes with regard to keeping families involved in the process; that said, I believe that the Inquiries into Deaths (Scotland) Bill gave strength with its proposal to introduce timescales in order to cut delays. After all, some people can wait for more than five years to find out whether an FAI will be held. I note that not all the evidence to the committee supported that idea, but I would argue that we need a duty to keep the family updated every step of the way.

Communication with regard to work preceding an FAI also needs to be strengthened, and the family should be kept updated on that process. In addition, I agree with the committee’s view that the Lord Advocate should be required to provide in writing the reasons why an inquiry is not to be held without the family having to request that information. I realise that that might be more time consuming, but we must remember that the family, who will be grieving, might be the only ones who have the interests of the deceased at heart.

I find it odd that the minister seems to have rejected, flat-out, calls for mandatory FAIs for those detained under the Mental Health (Care and Treatment) (Scotland) Act 2003, even though the system has been described as confusing and as containing gaps. In fact, I find the rejection odder still, given that the bill will update the definition of legal custody to cover any death that occurs in police detention. I understand that, in a lot of cases, an FAI will be unnecessary and unwanted, but, interestingly, the Mental Welfare Commission for Scotland has proposed a two-tier system in which deaths that are clearly from natural causes or which show no cause for concern are not investigated while all other deaths are.

I wonder whether the minister plans to look at that issue again, keeping in mind the committee’s recommendation that the Scottish Government revisit the issue of mandatory FAIs for those detained under the 2003 act and taking into account the Scottish Human Rights Commission’s evidence that mandatory FAIs might help to deal with some of the human rights concerns that were raised at stage 1. I urge the Scottish Government to improve the system during the bill’s later stages and not only to introduce a robust investigation system that closes the gaps with regard to deaths of those detained under the 2003 act but to rationalise and formalise the current process, as suggested by the Justice Committee.

As I said, I welcome the bill’s general principles and will support them, but I feel that certain aspects could be improved. I hope that the Scottish Government takes on board the feedback from both the committee and today’s debate, and I look forward to seeing the amendments that it lodges to tackle the issues that have been raised this afternoon.