HL Deb 06 April 1976 vol 369 cc1513-4

[References are to Bill 51 as first printed for the Commons]

[Nos.1 and 2.]

Clause 3, page 3, line 36, after "and" insert "in a case where the inquiry is being held in respect of such a death as is referred to in section 1(1)(a)(i) of this Act, to"

Clause 4, page 4, line 9, at end insert", in a case where the inquiry is being held in respect of such a death as is referred to in section 1(1)(a)(i) of this Act,"

Lord KIRKHILL

My Lords, with the leave of the House, I beg to move that the House doth agree with the Commons in their Amendments Nos. 1 and 2 together. The effect of Amendment No. 1 is to ensure that intimation of the holding of the inquiry to the employer of the deceased person need only be given in cases where the death appears to have resulted from an accident in the course of employment. Under the original wording of the Bill, intimation to the employer would have been necessary in every case, even when the death had no connection whatever with the employment. In the case of the death of a person in custody under Clause 1(1)(a)(ii) or other sudden deaths inquired into under Clause 1(1)(b), the employer will normally have no connection with the death. Clearly, it would be inappropriate to require notice to be given to him in such cases. The need for this Amendment was initially drawn to the Government's attention by Members of the Opposition in the Commons, and the Amendment received general support there.

The effect of Amendment No. 2 will be that the employer of the deceased will have an automatic right to appear at the inquiry only in cases where the death appears to have resulted from an accident in the course of employment. In

any other case the employer will, like anybody else, have to satisfy the sheriff that he has an interest. Under the original wording of the Bill, the employer would have had an automatic right to appear in every case, even where the death had no connection with the employment. The Government now feel that this was clearly anomalous; indeed, this very point was made to the Government in the other place. My Lords, I beg to move that this House doth agree with the Commons in their Amendments.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Kirkhill.)

Lord CAMPBELL of CROY

My Lords, this Bill was considerably amended and improved during its passage through your Lordships' House before it went to the other place, and, as the noble Lord has said, these Amendments make a further improvement which has been acknowledged on both sides. I am sure your Lordships should accept them.

On Question, Motion agreed to.

2.51 p.m.