HC Deb 28 May 1908 vol 189 cc1241-2
MR. BARNES (Glasgow, Blackfriars)

To ask the Lord-Advocate whether he is aware that inquiries under The Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act, 1906, are held in a perfunctory manner; whether his attention has been drawn to the verdict of the jury in an inquiry held on 15th April last into the death of Robert Anderson, carter, which verdict did not set forth the cause of the accident nor whether anybody was guilty of negligence, and did not state whether any precautions were necessary to prevent another accident of a like nature; whether he will take any, and what, action with regard to this particular inquiry; and whether he will take steps towards having the property qualification to serve on these juries removed, or otherwise enable workmen possessing knowledge and experience of the subject-matter of an inquiry to serve on the jury.

(Answered by Mr. Thomas Shaw). The Reports as to the working of this Act do not support the suggestion that the inquiries under it are carried out perfunctorily, but on the contrary a large number of important suggestions have been made by juries, the value of which has been widely recognised. My hon. friend may be assured that I am keeping the administration of the Act under special observation. I have considered the proceedings in the particular inquiry referred to in the Question. These appear to have been carefully conducted, full evidence being laid before the jury. There seems to have been no proof of negligence on the part of anyone, and there is therefore no finding of fault in the verdict; nor is there any suggestion by the jury of precautionary measures which might be taken in order to obviate accidents in similar circumstances. I doubt whether an extension in the direction desired by my hon. friend of the obligation to serve on juries would be welcomed; but I may point out to him the provisions in Section 2 of the Act of 1906, entitling the jury to hear any person duly authorised by any trade union of which the accused was a member, which, I think, may to some extent meet the point he has in view in the latter part of the Question.