Meeting of the Parliament 10 December 2015
This afternoon, when we pass the bill—as we will, with Labour support—we will make some significant changes to the FAI system. However, I cannot help but observe that we have missed the opportunity to make some radical and important changes to the FAI system at the same time.
Lord Cullen’s review, which the Scottish Government ordered, was a good one, but as colleagues probably know, it did not go far enough for me. However, it obviously went too far for the Scottish Government.
As members know, I introduced a bill on this subject. I am grateful to the clerks to the Justice Committee for their assistance with that and to the legislation team in the Parliament, as well as to Patrick McGuire of Thompsons Solicitors, who was most helpful. I also thank the members of the committee, who were helpful and accommodating and carefully considered the bill that I proposed. As members know, the committee’s decision was that the best vehicle to take forward some of the issues was the Government’s bill, and the committee urged us to co-operate to take forward the issues that were being discussed.
The areas on which we agreed, such as the charter, will make a difference to families. The charter will make it easier for them to understand the process and get information in advance of an FAI and, I hope, during the process. The annual report of the recommendations that are made by sheriffs in considering fatal accident inquiries will also be important. I am glad that the Government eventually agreed that that report should be laid before Parliament because, if we are not going to do post-legislative scrutiny of bills such as this one, it is important that we at least consider the outcomes that are laid before us.
I am extremely disappointed that the Government did not agree to accept my stage 2 amendment about civil legal aid. We have perhaps rehearsed the debate on that enough this afternoon, but it is remarkable that, although—rightly—someone who has perhaps been involved in the death of a person in custody will still get legal aid, bereaved families whose family member has died as a result of an accident at work will not have legal aid guaranteed to them. The Parliament has done those families a disservice today.
Others have referred to this point already, but there is an important question about scrutiny in the Parliament. I will not make a big point of this but, when all the Opposition parties agree that there is a point that is worth pursuing and do so because they have a genuine concern and have aired and discussed the issues, it is sad that the Scottish Government has chosen to use its majority to vote that down. I have no compunction about saying that I know that the relevant amendment was agreed to at stage 2 only because there is no Government majority on the committee. I am grateful to all those members who gave the matter careful consideration, whether or not they voted for the proposal in committee or today.
My interest in FAIs was sparked by the death of nine members of the community at the Stockline factory in my constituency and the terrible wait that the families had for a fatal accident inquiry. Elaine Murray mentioned that. I hope that the recommendations that we agree to today and the bill that will emerge as a result of our deliberations will ensure that, in the future, families do not have to have the experience that those nine families had over a prolonged period of four years.
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