HC Deb 30 November 1964 vol 703 cc4-5
4. Mr. Allason

asked the Secretary of State for Defence what representation of the deceased, or of the deceased's next of kin, is permitted at Service inquiries in substitution of inquests overseas, upon the death by accident of a Service man.

Mr. Mayhew

These Service inquiries are not in substitution of inquests. They are strictly domestic and non-judicial for the purpose of determining whether Service procedures are being complied with and whether they require improvement and for reporting the facts to higher Service authorities. Thus representation of next-of-kin would be inappropriate.

Mr. Allason

Does the hon. Gentleman realise that the next-of-kin are very interested, because this is very similar to an inquest and the next-of-kin can only learn from this whether their son or husband was to blame? Is he aware that there is a rule of procedure which says that when anyone's character or conduct may be impugned he is entitled to be represented? Why should not a dead man have the same entitlement as a live man?

Mr. Mayhew

The rule does not say anyone. There may be Service men involved in subsequent disciplinary proceedings. This is not like an inquest. The proceedings are confidential and there is no judicial procedure, and thus it would be very difficult for the next-of-kin to be represented.

Mr. Driberg

Is an inquest held as well when a Service man dies as a result of an accident?

Mr. Mayhew

It depends on the country. In Germany, for instance, they do not have our procedure.

Mr. Stratton Mills

Would the Minister look at this again from the point of view of the relatives of a man killed in Germany? Is he aware that the relatives are at a disadvantage compared with the case where a death takes place in this country, and will he look sympathetically at this whole question?

Mr. Mayhew

I appreciate the anxiety felt, and a thorough inquiry was made quite recently to see if we could cover this point. The trouble is that we cannot hold an inquest in Germany, but it is, on the other hand, possible to hold an inquest in this country on deaths that have occurred in Germany.

Mr. Allason

In view of the unsatisfactory nature of the reply, I beg to give notice that I will raise the matter on the Adjournment.