Briefing on Coroners and Justice Bill

British Irish RIGHTS WATCH (BIRW) is an independent non-governmental organisation that has been monitoring the human rights dimension of the conflict, and the peace process, in Northern Ireland since 1990.  Our vision is of a Northern Ireland in which respect for human rights is integral to all its institutions and experienced by all who live there.  Our mission is to secure respect for human rights in Northern Ireland and to disseminate the human rights lessons learned from the Northern Ireland conflict in order to promote peace, reconciliation and the prevention of conflict.  BIRW’s services are available, free of charge, to anyone whose human rights have been violated because of the conflict, regardless of religious, political or community affiliations.  BIRW take no position on the eventual constitutional outcome of the conflict.

This briefing is based on our extensive experience of conflict-related deaths in Northern Ireland; specifically, the use of lethal force by the state and the failure to provide effective investigations into these deaths, which are compliant with Article 2 (right to life) of the European Convention on Human Rights (ECHR).  Where a death occurs in contentious circumstances, it is important that the investigation into that death is transparent and independent.

We have previously raised our concerns about this Bill and its application to Northern Ireland.  It appears that the positive aspects of the Bill are not being applied to Northern Ireland, leaving the coronial system in Northern Ireland yet again in sore need of reform. 

Clause 7: Use of intercept evidence

We endorse the use of intercept evidence in inquests.  It is important that inquests are able to explore as fully as is possible the circumstances of an individual’s death and are able to be transparent and fully effective.  However, there is a balancing act between keeping inquests open and accessible versus the duty of care to those recorded, innocently or otherwise, in intercept evidence.  The use of intercept evidence should be the subject of keen safeguards, with a rigorous system for approval and scrutiny. 

Schedule 1: Suspension pending inquiry under Inquiries Act 2005

BIRW are very concerned at the proposal which would enable the Government to establish an inquiry under the Inquiries Act 2005 in place of an inquest, under specific circumstances.  We have long argued that the Inquiries Act 2005 is unable to provide an investigation into a death which is compliant with Article 2 of ECHR.  This proposal would enable the Government to opt in and out of the coronial system, depending on the contentiousness of the death.  We have monitored the use of the Inquiries Act in Northern Ireland and have found it lacking in its ability to deliver truth and justice to the bereaved, build confidence in the rule of law and to comply with the UK’s human rights obligations.  In essence, this amendment goes further than the previous “secret inquest” clauses originally proposed by the Government. 

The broad grounds upon which the Lord Chancellor can decide to conduct an inquiry under the Inquiries Act causes unease; it simply states: “on the ground that the cause of death is likely to be adequately investigated by an inquiry under the Inquiries Act 2005”.[1]  This vagueness would allow the Government to avoid proper and effective investigations into contentious deaths and potentially be used to provide an investigation into every death covered by an inquest.

Our opposition to the Inquiries Act 2005 is that it has brought about a fundamental shift in the manner in which the actions of Government and public bodies can be subjected to scrutiny.  The powers of independent chairs to control inquiries have been usurped and those powers have been placed in the hands of Government Ministers.  The Minister:

• decides whether there should be an inquiry

• sets, and can amend, its terms of reference

• appoints its members

• can restrict public access

• can prevent the publication of evidence placed before an inquiry

• can prevent the publication of the inquiry’s report

• can suspend or terminate an inquiry

• can withhold the costs of any part of an inquiry which strays beyond the terms of reference set by the Minister

Schedule 1 of the Coroners and Justice Bill simply returns “secret inquests” to the Bill.  This point was raised by the Joint Committee on Human Rights, who in their legislative scrutiny report of this bill concluded: “In our view, any Inquiries Act 2005 inquiry specifically designed to circumvent an inquest, in order to meet the Government’s concerns about disclosure of sensitive information would raise the same or similar issues as Clauses 11-12 {secret inquests} about the independence and effectiveness of that inquiry for the purposes of Article 2 ECHR.”[2]

The conversion of inquests to inquiries, under the Inquiries Act 2005, undermines the rule of law, the UK’s human rights obligations and the commitment of truth and justice to the families of those who die at the hands of the state.

For further information, please contact British Irish rights watch on 020 8772 9161 or email: caroline.parkes@birw.org