COMMONS AMENDMENT (Hansard, 6 April 1976)

§ Lord KIRKHILL

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 3. This Amendment makes it clear that any person who has an interest in the subject matter of the inquiry may obtain a transcript of the evidence, on payment of a fee, whether or not that person appeared at the inquiry. The original wording of the Bill stated that "any person who was entitled to appear at the inquiry" had the right to obtain a transcript. To be entitled to appear at the inquiry a person must (unless he is the nearest relative, the employer or a safety inspector) satisfy the sheriff that he has an interest in the inquiry. It is arguable, therefore, that under the original wording people interested in the inquiry could obtain transcripts of evidence only if they had actually made an appearance at the inquiry and satisfied the sheriff of their interest.

Clearly it is not desirable that this interpretation be put on the Bill. People 1515 who have a genuine interest should be able to obtain transcripts of evidence whether or not they actually appeared at the inquiry. The Bill as amended will be in line with the existing situation under the Fatal Accidents Inquiry (Scotland) Act 1895. The need for this Amendment was drawn to the Government's attention by honourable gentlemen on the Opposition Benches in the Commons, and the Amendment received general support in that place. I beg to move that this House doth agree with the Commons in their Amendment No.3