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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 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 paid to the Justice Committee, Patricia Ferguson and the many witnesses and stakeholders who helped to inform the legislative process.

As the bill concludes its parliamentary passage, it is worth reflecting on its purpose, which is to implement the 36 recommendations of the Cullen review that require primary legislation some six years after they were published. The review was timely because the relevant legislation was elderly and had not necessarily kept pace with other developments in the justice system, not least the incorporation of the European convention on human rights into UK law.

The test is whether the bill achieves the policy objective of reforming and modernising the law that governs the holding of fatal accident inquiries in Scotland. My party’s assessment is that it does that, and we shall support it at decision time. There are some very positive and noteworthy provisions in the bill, not least the requirement that sheriffs’ determinations should be published and that anyone who was party to the inquiry and to whom a recommendation is addressed should have to respond accordingly. Just as the Justice Committee did at stage 1, I urge the Scottish Government to find ways of ensuring that sheriffs’ recommendations are respected.

At stage 2, Patricia Ferguson lodged a welcome amendment to the bill to place a statutory obligation on the Lord Advocate to produce a family liaison charter. The issues surrounding the Crown Office and Procurator Fiscal Service’s often intermittent communication with bereaved families are well documented. Although numerous reasons can undoubtedly be adduced for such spasmodic contact, it exacerbates what is already an extremely difficult and sensitive time for relatives, so the cross-party support for that amendment was very welcome, and I join other members in acknowledging Patricia Ferguson’s considerable work to reform FAIs.

I was troubled by the removal from the bill of Patricia Ferguson’s provision to ensure that families receive legal aid. I think that FAIs are an entirely different beast from civil litigation hearings, and I am not sure that that distinction was appreciated.

I want to comment briefly on what the Justice Committee said in its stage 1 report on the lack of clarity surrounding the purpose of an FAI that is held in the public interest. There is a real misunderstanding in this area, which serves to raise the expectations of families. There needs to be greater transparency, and there is an obligation on the parties involved to provide that. How does the fatal accident inquiry relate to other investigations involving fatalities and to the role of the family or families affected? Greater transparency would help to demystify a complex system, while at the same managing the expectations of what the inquiry will ultimately achieve.

Despite the fact that they received support from all but the SNP members of the Justice Committee, Margaret Mitchell’s stage 2 amendments were removed in toto from the bill today. I noted the minister’s comments that the provisions did not attract wide support from stakeholders, although perhaps that is because the policy intent was not fully understood.

It is worth noting that Lord Cullen acknowledged that FAIs should be held into the deaths of those who are detained by the state, especially those who are most vulnerable, and that such FAls are in the public interest. My colleague Margaret Mitchell sought only to put that recommendation on a statutory footing. It is unfortunate that that has been overturned, and it has implications for our unicameral parliamentary system, for the robustness of scrutiny and for the legitimate power and authority of a scrutinising committee by majority to change a bill. Airbrushing out such change at stage 3 is unimpressive.

That said, the bill is a good one that will receive the support of my party, and it will have a positive impact on the system of FAls in Scotland.

16:48  

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...