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Chamber

Meeting of the Parliament 10 December 2015

10 Dec 2015 · S4 · Meeting of the Parliament
Item of business
Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill

I acknowledge Patricia Ferguson’s significant involvement in this legislative process following the withdrawal of her own bill, and her co-operation with the Scottish Government at stage 2. I thank the witnesses and stakeholders for their insightful evidence, which has informed the committee’s scrutiny of the bill.

It is not surprising that, 30 years after the system of FAIs was enacted, significant reform and modernisation of it were required. In 2009, Lord Cullen’s review of the law governing FAIs made a number of important recommendations, many of which are provided for by the bill.

During its stage 1 scrutiny, the Justice Committee identified a number of weaknesses that needed to be addressed at stage 2. For example, a common criticism from bereaved families was about the long delays before the commencement of inquiries, which can be aggravated by patchy communication from the Crown Office and Procurator Fiscal Service. Concern was expressed about the fact that the Scottish Government did not include a provision reflecting Lord Cullen’s recommendation that early hearings should be held, especially because early hearings would not only require the procurator fiscal to keep relatives informed of the progress of the investigation but would, crucially, focus attention on holding the FAI as quickly as possible.

However, following the commitment of the Solicitor General to produce a milestone charter outlining what families can expect from the COPFS in relation to timings of investigations and decision making, the committee came to the view that early hearings are no longer necessary.

In relation to FAIs into deaths abroad, the Justice Committee questioned the requirement that the body must be repatriated to Scotland for the FAI to be held. Taking into account evidence that occasionally exceptional circumstances would render that impossible, the Scottish Government amended the bill accordingly at stage 2.

I turn to the stage 2 amendments on legal aid for families and the amendments on mandatory inquiries—albeit with an opt-out for the Lord Advocate—into the deaths of individuals who have been detained compulsorily under mental health legislation. The recommendations from Lord Cullen were not provided for by the bill as introduced, but amendments to provide for them were voted for by a majority of the Justice Committee at stage 2. I still consider that the amendments relating to mental health detainees struck the right balance between ensuring that the mandatory FAI would not be carried out unnecessarily and ensuring the protection of the deceased’s rights. Moreover, the amendment that dealt with legal aid recognised that the Lord Advocate represents not the interest of the families but the public interest.

Today, the Scottish Government has overturned both those amendments. Two consequences will flow from that, the first of which is the laying bare of the total absence of checks and balances in the decision making of this Scottish National Party majority Government. That continues to be, justifiably, an issue of grave concern.

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is a debate on motion S4M-15113, in the name of Paul Wheelhouse, on the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotl...
The Cabinet Secretary for Justice (Michael Matheson) SNP
For the purposes of rule 9.11 of the standing orders, I advise the Parliament that Her Majesty, having been informed of the purport of the Inquiries into Fat...
The Minister for Community Safety and Legal Affairs (Paul Wheelhouse) SNP
I am delighted to open this stage 3 debate on the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill. The law relating to the investigation...
Elaine Murray (Dumfriesshire) (Lab) Lab
As we have heard, fatal accident inquiries into the circumstances of deaths are undertaken in the public interest in order to determine the time, place and c...
Margaret Mitchell (Central Scotland) (Con) Con
I acknowledge Patricia Ferguson’s significant involvement in this legislative process following the withdrawal of her own bill, and her co-operation with the...
Christian Allard (North East Scotland) (SNP) SNP
It has been said by Margaret Mitchell and in other contributions that, somehow, this has not been a proper democratic process. However, it has been. A Govern...
The Deputy Presiding Officer Con
Point made. Thank you very much.
Margaret Mitchell Con
The point is that the SNP has a majority on seven out of nine subject committees in the—
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
What about Westminster?
Margaret Mitchell Con
I accept Ms Grahame’s sedentary remark, but there are checks and balances in the Westminster Government; indeed, that has been proved quite recently by decis...
James Dornan (Glasgow Cathcart) (SNP) SNP
Will Margaret Mitchell give way?
The Deputy Presiding Officer Con
The member is just closing.
Margaret Mitchell Con
There is no doubt that individuals who are detained under mental health legislation are among the most vulnerable people in society, but today the SNP Govern...
The Deputy Presiding Officer Con
We now move to the open debate. 16:22
Christian Allard (North East Scotland) (SNP) SNP
I have already made the point, but I will make it again: it is very important that members understand the strength of this Parliament, particularly in respec...
Patricia Ferguson (Glasgow Maryhill and Springburn) (Lab) Lab
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 obs...
Alison McInnes (North East Scotland) (LD) LD
The legislation that governs the fatal accident inquiry system is nearly 40 years old, and it has been six years since Lord Cullen reported on his review int...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I hear rumblings about the Scottish National Party’s overall majority. For eight years in here, we had a Labour-Liberal coalition majority, with a majority o...
Elaine Murray Lab
Will the member take an intervention?
Christine Grahame SNP
No, I am going to proceed, because I have heard enough. We had eight years of that approach. I very much welcome the legislation and commend the work of Jus...
John Finnie (Highlands and Islands) (Ind) Ind
Article 2 of the European convention on human rights creates a right to life and, with it, the duty on the state to investigate the loss of life. That is a d...
Christine Grahame SNP
There will not be any aeroplanes.
John Finnie Ind
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 custod...
Annabel Goldie (West Scotland) (Con) Con
I welcome the stage 3 debate on the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill and I share in the tributes that have already been p...
Graeme Pearson (South Scotland) (Lab) Lab
The absence of rancour in the debate and the support that exists across the chamber for the bill reflect well on the work that has been done by the members o...
The Presiding Officer (Tricia Marwick) NPA
I call Paul Wheelhouse to wind up the debate. I can give you eight minutes, Mr Wheelhouse. 16:54
Paul Wheelhouse SNP
I record my thanks to members for their contributions to the debate. Before I go through the detail, it is important to address the point that Graeme Pearso...
Christine Grahame SNP
I know that the minister is about to run out of time, but before he does, will he answer my question about the death of service personnel in Scotland, for wh...
Paul Wheelhouse SNP
On whether the legislation in relation to military FAIs will be retrospective, the answer is no. A discretionary FAI will have been considered at the time of...