Hansard

This is a useful debate. As members of the Justice Committee will be aware, I was minded to recommend that, as a result of a petition from Norman Dunning on behalf of Enable, we carry out an exercise on fatal accident inquiries. However, after some hesitation, we decided not to proceed. I therefore welcome the Government's decision to have a review under the aegis of Lord Cullen, as it means that we can now move on.

As members have pointed out, the relevant legislation dates from 1976, which is certainly not yesterday. We must recognise that since then there has been movement in a number of directions. The Solicitor General was quite correct to highlight the incorporation of the European convention on human rights, and a plethora of legislation has also been introduced—quite properly, I should add—under the Health and Safety at Work etc Act 1974. In that respect, it would be good if the review considered the need for interaction between the bodies that inquire into accidents.

Although I accept the general point that legislation of some antiquity should be reviewed, I should say in passing that I wish that the Scottish Government would show the same enthusiasm for reviewing certain slightly older legislation, such as the Social Work (Scotland) Act 1968. However, that is a debate for another day.

Members have already set out the debate's central issues, one of the most important of which must be the status of bereaved families at FAIs. Pauline McNeill was quite correct to say that we must consider the question of legal representation. Although those people might not be the victims of crime, they are still the victims of a tragic accident, and many of them go into the courtroom without knowing what will happen or who is who. It might be useful for them to receive some assistance, if they are unable to find it for themselves.

Another important question is what happens to the findings of an FAI. I am sure that Governments of whatever perspective would want to look at a sheriff's findings to find out whether any lessons can be learned that might obviate the likelihood of similar situations happening. However, although it is sensible to look at the findings, doing so is not compulsory. Perhaps Governments should be required to consider the contents of a sheriff's report, and then it would be up to them whether they acted accordingly.

I turn to Margaret Smith's amendment and the subject of deaths overseas. It is fair to say that there was some discussion of the issue this morning because of a genuine wish to achieve a compromise. I freely acknowledge the work that Margaret Smith has done on the matter over quite some time. We are all concerned about relatives of deceased servicemen having to go down to the south of England to attend an inquest into the death of their loved one, with all the hassle, expense and unnecessary trouble that that might entail, so it is an issue that we require to examine.

I must flag up the fact that, as Margaret Smith acknowledged, her proposal might involve legal difficulties. To some extent, it contradicts the Scotland Act 1998, although I am sure that once Lord Cullen has produced his report, the law officers, in conjunction with Lord Cullen, will be able to find a way round that. At the moment, there might well be an impediment to the adoption of Margaret Smith's suggestion, but we might be able to circumvent it further down the road. That would be no bad thing.

We must also recognise the circumstances in which fatal accident inquiries are utilised in Scotland. Given his previous experience, the Cabinet Secretary for Justice is probably better able than most to advise us that, in many cases, such inquiries do not last long because the evidence is self-evident. Often, we are talking about a tragic incident at work, or the death of a person in custody or under medical care. In the public interest, it is necessary to hold FAIs in such cases, but it is most unusual for them to come up with anything sinister or anything from which significant lessons can be learned.

However, other inquiries are much more complex. The Lord Advocate recognised the difficulties with the present system when an inquiry into the Stockline explosion in the Maryhill area of Glasgow was set up. Although it would have been possible to hold a fatal accident inquiry into that incident, the requirements under the existing legislation would not have been met and entirely appropriate special arrangements had to be made. That issue might need to be examined and I am sure that it will be in the course of Lord Cullen's inquiry.

The principal issue relates to inquiries into the deaths of servicemen. The location of the coroners' inquests means that a time delay is inevitable. My briefing says that 122 inquests are outstanding. Although not many of those will relate to the deaths of Scottish servicemen, there will be some Scottish cases in the queue. I am sure that most of us would agree that it is quite unreasonable that the relatives of deceased servicemen should have to wait so long for closure. As Margaret Smith properly said, we owe a great debt to the people who lose their lives in the service of their country and to their relatives.

I will be happy for the motion, duly amended by Margaret Smith's amendment, to go through. We will all await the results of Lord Cullen's review with considerable interest. I certainly endorse the view that the review could not be in safer hands. Once it has been completed, I look forward to the matter coming back to the Parliament and the Justice Committee, so that we can determine in which direction we need to go. The fatal accident inquiry system in Scotland has worked well, but that is no reason not to re-examine it, with a view to improving it.