Coroners and Justice Bill — Report (2nd Day) — 26 Oct 2009 at 18:17

Amendment 45

Moved by Lord Bach

45: Schedule 8, page 141, line 6, at end insert-

"A reference in paragraph 5 or 6 to paying expenses incurred by a person ("P") includes a reference to indemnifying P in respect of-

(a) costs that P reasonably incurs in or in connection with proceedings in respect of things done or omitted in the exercise (or purported exercise) by P of duties under this Part;

(b) costs that P reasonably incurs in taking steps to dispute claims that might be made in such proceedings;

(c) damages awarded against P, or costs ordered to be paid by P, in such proceedings;

(d) sums payable by P in connection with a reasonable settlement of such proceedings or of claims that might be made in such proceedings."

Amendment 45 agreed.

Clause 32 : Reports and advice to the Lord Chancellor from the Chief Coroner

Amendments 46 to 48 not moved.

Amendment 49

Moved by Lord Bach

49: After Clause 33, insert the following new Clause-

"Medical Adviser and Deputy Medical Advisers to the Chief Coroner

Schedule (Medical Adviser and Deputy Medical Advisers to the Chief Coroner) makes provision about the appointment etc of the Medical Adviser to the Chief Coroner and Deputy Medical Advisers to the Chief Coroner."

Amendment 49 agreed.

Clause 35 : Appeals to the Chief Coroner

Amendment 50 not moved.

Amendment 51

Moved by Lord Bach

51: Before Schedule 9, insert the following new Schedule-

"Medical adviser and Deputy medical advisers to the Chief CoronerAppointment and functions of Medical Adviser to the Chief Coroner

1 The Lord Chancellor may appoint a person as Medical Adviser to the Chief Coroner ("the Medical Adviser") to provide advice and assistance to the Chief Coroner as to medical matters in relation to the coroner system.

Appointment and functions of Deputy Medical Advisers to the Chief Coroner

2 (1) The Lord Chancellor may appoint however many Deputy Medical Advisers to the Chief Coroner ("Deputy Medical Advisers") the Lord Chancellor thinks appropriate.

(2) A Deputy Medical Adviser may perform any functions of the Medical Adviser-

(a) during a period when the Medical Adviser is absent or unavailable;

(b) during a vacancy in the office of Medical Adviser;

(c) at any other time, with the consent of the Medical Adviser.

Qualification for appointment

3 A person may be appointed as the Medical Adviser or as a Deputy Medical Adviser only if, at the time of the appointment, he or she-

(a) is a registered medical practitioner and has been throughout the previous 5 years, and

(b) practises as such or has done within the previous 5 years.

Consultation before making appointment

4 Before appointing a person as the Medical Adviser or as a Deputy Medical Adviser, the Lord Chancellor must consult-

(a) the Chief Coroner, and

(b) the Welsh Ministers.

Terms and conditions of appointment

5 The appointment of a person as the Medical Adviser or as a Deputy Medical Adviser is to be on whatever terms and conditions the Lord Chancellor thinks appropriate.

Remuneration, allowances and expenses

6 (1) The Lord Chancellor may pay to the Medical Adviser-

(a) amounts determined by the Lord Chancellor by way of remuneration or allowances;

(b) amounts determined by the Lord Chancellor towards expenses incurred in performing functions as such.

(2) The Lord Chancellor may pay to a Deputy Medical Adviser-

(a) amounts determined by the Lord Chancellor by way of remuneration or allowances;

(b) amounts determined by the Lord Chancellor towards expenses incurred by that Deputy Medical Adviser in performing functions as such."

Amendment 51 agreed.

Clause 39 : Treasure regulations

Amendments 52 and 53 not moved.

Clause 42 : "Interested person"

Amendment 54

Moved by Lord Alderdice

54: Clause 42, page 23, line 15, at end insert-

"( ) In circumstances where an interested person willing to represent the interests of the deceased does not exist, a coroner may recognise as an interested person an organisation or person who would be otherwise recognised as an interested party for the purposes of judicial review proceedings."

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