HL Deb 07 April 1971 vol 317 cc320-2
LORD NAPIER AND ETTRICK

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether it is either essential or right that a corpse should remain in a mortuary for up to three years awaiting identification.]

THE MINISTER OF STATE, HOME OFFICE (LORD W1NDLESHAM)

My Lords, in Her Majesty's Government's view, it is neither essential nor right for a corpse to remain such a long time in a mortuary. I understand that the delay in the case which led the noble Lord to put down this Question was altogether exceptional and that steps have been taken by those concerned to prevent any recurrence.

LORD NAPIER AND ETTRICK

My Lords, I am most grateful, and I am sure the House is, to my noble friend for that reassuring reply. May I ask him one slightly involved supplementary? Is he aware that under Section 198 of the Public Health Act, 1936, the management of mortuaries is controlled by bylaws, and that these by-laws require confirmation by his right honourable friend, the Secretary of State for the Environment, under Section 250 of the Local Government Act, 1933? Would he agree with me that if the by-laws allow a body to be held in a mortuary for years, pending identification, something is wrong with the by-laws; and, equally, if the by-laws say nothing about the length of time that a body may be so held there is still something wrong with them?

LORD WINDLESHAM

My Lords. I should stress that this is a most exceptional case. In 85 per cent of cases certificates for disposal are issued by coroners within seven days of death. It is true that mortuaries are under the control of the local authorities and some local authorities do make by-laws in respect of their management. It is also the case, as my noble friend indicates, that the Secretary of State for the Environment has drawn up model by-laws which are available for guidance. The time that a corpse may remain in the mortuary is not covered in these by-laws since they are mainly concerned with public health. Issues of public health do not arise where bodies are held, as in the case referred to, in conditions of refrigeration.

LORD WYNNE-JONES

My Lords, is this another problem which the Government claim they have inherited from their predecessors?

LORD WINDLESHAM

My Lords, I think that the answer is undoubtedly yes.

LORD BLYTON

My Lords, is the Minister aware that I have great sym- pathy in regard to the Question which has been put? I think that three years in a mortuary is terrible. Is he further aware that I should be pleased if the present Government, who are identifiable, were held in a mortuary for 50 years?