HC Deb 24 November 1911 vol 31 cc1621-5

  1. (1) Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident of which notice is required by this Act to be given to the inspector of the division, the coroner shall adjourn the inquest unless an inspector, or some person on behalf of the Secretary of State, is present to watch the proceedings.
  2. (2) The coroner, at least four days before holding the adjourned inquest, shall send to the inspector of the division notice in writing of the time and place of holding the adjourned inquest.
  3. (3) The coroner, before the adjournment, may take evidence to identify the body, and may order the interment thereof.
  4. (4) If an accident has not occasioned the death of more than one person, and the coroner has sent to the inspector of the division notice of the time and place of holding the inquest at such time as to reach the inspector not less than twenty-four hours before the time of holding the same, it shall not be imperative on him to adjourn the inquest in pursuance of this Section, if the majority of the jury think it unnecessary so to adojurn.
  5. (5) An inspector shall be at liberty at any such inquest to examine any witness, subject nevertheless to the order of the coroner.
  6. (6) Where evidence is given at an inquest at which an inspector is not present of any neglect as having caused or contributed to the accident, or of any defect in or about the mine appearing to the coroner or jury to require a remedy, the coroner shall send to the inspector of the division notice in writing of such neglect or defect.
  7. (7) Any person having a personal interest in or employed in or about or in the management of the mine in or about which the accident occurred shall not be qualified to serve on the jury empannelled on the inquest; and it shall be the duty of the constable or other officer not to summon any person disqualified under this provision, and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury.
  8. (8) Any relative of any person whose death may have been caused by the accident with respect to which the inquest is being held, and the owner, agent, or 1622 manager of the mine in which the accident occurred, and any person appointed by the order in writing of the majority of the workmen employed at the said mine, and any person appointed in writing by any association of workmen to which the deceased at the time of his death belonged, or by any association of employers of which the owner is a member, shall be at liberty to attend and examine any witness, either in person or by his counsel, solicitor, or agent, subject nevertheless to the order of the coroner.
  9. (9) Every person who fails to comply with the provisions of this Section shall be guilty of an offence against this Act.

Mr. MASTERMAN

I beg to move, in Sub-section (5), to leave out the words "order of the coroner," and to insert instead thereof the words "power of the coroner to disallow any question which, in his opinion, is not relevant or is otherwise not a proper question."

Mr. KEIR HARDIE

Is this a special disability imposed in regard to a coroner's court under this Act which does not apply to the law generally or to other inquiries held by a coroner, because, if that is so, it is rather an invasion of the powers and responsibilities of those who will represent the interests of the miners. It seems to me most undesirable that there should be any limitation whatever. Unless some very good reason can be shown for the insertion of these words, I think they ought not to be inserted.

Mr. MASTERMAN

These words are merely proposed in response to an appeal from my hon. and learned Friend during a Debate in the Committee in order to limit the power which the coroner possesses under the Act of 1887. My hon. and learned Friend made out a case then. I think he satisfied the Committee, and I promised to bring up words on Report. He pointed out that the coroner possessed tyrannical power to refuse to hear witnesses, and that practically he could do what he liked.

Amendment agreed to.

Sir IVOR HERBERT

I beg to move, in Sub-section (8), after the word "manager" ["or manager of the mine in which the accident occurred "], to insert the words "or the fireman, deputy, or examiner of the district." The object of this Amendment is to give statutory right to the persons named to be represented at the coroner's court. Hon. Members will remember that, under Clause 63, the duties of these men are of a very onerous and responsible character. They are duties upon which questions as to the cause of a disaster may easily turn, and therefore it seems to me equitable that they should have the right to be represented at the coroner's inquiry as well as the other persons mentioned in Clause 84.

Mr. RAFFAN

I beg to second the Amendment.

Mr. MASTERMAN

I understand the object of the hon. and gallant Gentleman is that there should be representation at the coroner's court of persons who may be affected by the inquiry, and specially the under officials of mines who might be seriously incriminated. I think the Amendment which is to be moved later meets the case. It is that, after the word "member" ["association of employers of which the owner is a member"], to insert the words "or by any association of firemen, examiners, or deputies, representing the firemen, examiners, or deputies employed in the said mine."

Sir A. MARKHAM

I do not think that that covers the point, because there are a number of firemen belonging to no association whatever. These words would not cover my hon. Friend's objection, because in many districts these people are not allowed to belong to an association.

Mr. MASTERMAN

Representations were made on this subject by the associations, and I thought this covered the ground, but if there are cases which are not covered, I think it is perfectly right that the hon. and gallant Gentleman's Amendment should be accepted.

Mr. KEIR HARDIE

I know an instance where the coroner would not allow certain men to attend the inquest to give evidence against the fireman.

Sir IVOR HERBERT

I received this Amendment from the Association of Firemen, and they were of opinion that the point was not covered.

Mr. McKENNA

We accept it.

Amendment agreed to.

Amendment proposed: In Sub-section (8), after the word "member," insert "or by any association to which any official of, or workman employed in the mine who is likely to be incriminated belongs."—[Mr. Masterman.]

Mr. RAFFAN

I do not think that these words meet the case. The representative of the association should be able to attend even when the manner in which the member is likely to be involved may not be of an incriminatory character. The case might be met by some word such as "affected" instead of "incriminated."

Mr. McKENNA

The word suggested has precisely the same meaning. I ought to remind the hon. Member of the acceptance of the Amendment of the hon. and gallant Member for South Monmouth (Sir Ivor Herbert).

Mr. RAFFAN

That Amendment refers to the fireman, deputy or examiner of the district. This deals with another point, the representation of people who may desire representation through their association when there is no suggestion of anything of a criminal character.

Mr. McKENNA

It does not mean of a criminal character.

Mr. C. EDWARDS

The words suggested are of a serious character, because, before the representative can appear, he has got to satisfy the coroner that he may be incriminated or is likely to be incriminated. With all respect to the Home Secretary, it does mean incriminated in the sense of being liable to be proceeded against criminally afterwards. Therefore I would suggest that the words "may be" should be inserted before "incriminated."

Sir A. MARKHAM

May I suggest that it would be better to leave the words out altogether.

Mr. MASTERMAN

There is really no reason why they should be represented, and therefore I propose to leave out the words "who is likely to be incriminated." I ask leave to withdraw the Amendment, in order to move it in its altered form.

Amendment, by leave, withdrawn.

Amendment made: In Sub-section (1), after "member" ["member shall be at liberty"], insert the words, "or by any association to which any official of or workman employed in the mine belongs."—[Mr. Masterman.]

Mr. W. E. HARVEY

Seeing we are not likely to finish to-day, can the right hon. Gentleman state how long we are likely to sit?

Sir A. MARKHAM

I hope the right hon. Gentleman will not let the House rise before eight o'clock, as there are some very controversial points still to be discussed.

Mr. McKENNA

Various representations have been made to me on the subject. Though the progress made has not realised my expectations, still I recognise that it has been satisfactory, and I propose to ask the House to sit until we have completed Clause 90.

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