MSPs pass fatal accident inquiry legislation
MSPs have passed new laws that will overhaul fatal accident inquiries (FAIs) and allow for them to be held in cases when a Scot dies abroad.
MSPs have passed new laws that will overhaul fatal accident inquiries (FAIs) and allow for them to be held in cases when a Scot dies abroad.
The Fatal Accidents and Sudden Deaths Bill was unanimously backed at the Scottish Parliament despite opposition parties raising concerns about some omissions from the legislation.
Labour and the Conservatives criticised the failure to include a right to legal aid for families affected by fatal accidents.
The new legislation will allow for discretionary inquiries to be held into the deaths of Scots abroad for the first time, even in cases when the body is not repatriated.
It will also extend the categories of death for which it is mandatory to hold an FAI to include the deaths of children in secure accommodation and of people under police arrest.
Individuals or organisations will be required to explain how they have implemented recommendations placed on them by a sheriff after an FAI.
The Crown Office will also introduce a charter to keep families who have lost loved ones informed of the progress of a death investigation and the likelihood of criminal proceedings or a fatal accident inquiry.
Legal Affairs Minister Paul Wheelhouse said: This new legislation will strengthen fatal accident inquiry legislation and bring it into the 21st century, ensuring that inquiries are effective, efficient and fair through implementing the recommendations of Lord Cullen.
In particular, the introduction of the possibility of an FAI for deaths abroad is a hugely important step.
Requiring participants at FAIs to respond to recommendations made by sheriffs will improve compliancy, accountability and transparency in the process.''
He said the UK Government had also agreed in principle for mandatory FAIs to be held into the deaths of service personnel in Scotland although this was not included in the Bill as defence is a reserved issue.
The Scottish Government brought forward the legislation in a bid to implement most of the recommendations made in a 2009 review by retired senior judge Lord Cullen.
Labour MSP Patricia Ferguson had also introduced a member's Bill on the issue amid concerns about long delays to some inquiries.
She said it was hugely disappointing'' that her amendment to give a right to legal aid to families affected by fatal accidents had been voted down.
The Scottish Parliament Justice Committee backed my plans to give legal aid to these families, but instead the SNP have used their majority to reverse that decision.
The system needs to be fairer for everyone, that should mean families getting the support they need to access justice.''
Conservative MSP Margaret Mitchell said: The amendment on legal aid recognised that the Lord Advocate does not represent the interests of the families but rather the public interest.
The total absence of checks and balances in the decision-making of this SNP majority government has been laid bare and this continues to justifiably be an issue of grave concern.''