MSPs Call For Death Inquiry Changes

A Holyrood committee has called for fatal accident inquiries (FAIs) to be allowed in circumstances when a death occurs abroad but the body cannot be brought home to Scotland.

The recommendation is one of several made by MSPs on the Justice Committee who took evidence on the Fatal Accidents and Sudden Deaths etc (Scotland) Bill.

The Scottish Government has brought forward the legislation in a bid to implement most of the recommendations made in a 2009 review by retired senior judge Lord Cullen.

It would extend the categories of death for which it is mandatory to hold an FAI and allow for inquiries to be held into the deaths of Scots abroad where the body is repatriated.

The committee welcomed the general principles of the Bill but urged the Government to consider bringing forward several amendments.

A report said: A number of witnesses expressed concern regarding the requirement that the body must be repatriated and suggested that the Bill should be amended to allow the Lord Advocate discretion, where appropriate, to hold an FAI without the body being repatriated.

The committee understands why the Scottish Government chose to replicate existing legislation and stipulate that, in order for an FAI to be undertaken into a death abroad, the body must be repatriated.

However, we consider that there could be exceptional circumstances where it may be appropriate to hold an FAI when it has not been possible to bring the body back to Scotland.''

The committee also welcomed a commitment from Scottish ministers to look at extending the legislation to cover the deaths of service personnel in Scotland.

Convener Christine Grahame said: The committee supports the general principles of this Bill and welcomes the clarity this legislation brings to understanding the purpose of FAIs and what is meant by the inquiries which are held in the public interest.

There are areas, though, where we feel the Bill could be improved. For example, what happens when a member of the armed forces dies while on duty in Scotland?

This is something which the Scottish Government has committed to discuss with the UK Government as a direct result of our scrutiny.

We have also asked the Government to consider bringing forward an amendment that would allow an FAI to be undertaken where a death has occurred abroad but the body has not been repatriated.''

MSPs, who heard of the impact on the bereaved of long delays in the system, backed efforts by the Crown Office to produce a charter that would require prosecutors to give families specific information on progress and timescales.

The Government is asked to consider whether mandatory FAIs should be held after the death of a person detained under mental health legislation or a child who is looked after.

The committee also wants the Lord Advocate to provide written reasons for a decision not to hold an FAI routinely to families rather than just upon request.

Ms Grahame added: We were also struck by the public's understandable lack of clarity surrounding the purpose of an FAI and other formal death investigations which are undertaken as a matter of course.

We have therefore recommended that the Scottish Government work closely with the Crown Office to promote a better understanding of FAIs and how they interact with other death investigations.''

A Scottish Government spokeswoman said: We are grateful to the Justice Committee for its report and welcome the committee's support for the general principles of the Bill. We will consider the committee's report in detail before responding.''