HL Deb 22 July 2002 vol 638 cc86-7

7 After Clause 19, insert the following new clause—

"Duty to provide information for other persons

  1. (1)A person has an interest in being kept properly informed about the handling of a complaint or recordable conduct matter if—
    1. (a) it appears to the Commission or to an appropriate authority that he is a person falling within subsection (2); and
    2. (b) that person has indicated that he consents to the provision of information to him in accordance with this section and that consent has not been withdrawn.
  2. (2) A person falls within this subsection if—
    1. (a) he is a relative of a person whose death is the alleged result from the conduct complained of or to which the recordable conduct matter relates;
    2. (b) he is a relative of a person whose serious injury is the alleged result from that conduct and that person is incapable of making a complaint.
    3. (c) he himself has suffered serious injury as the alleged result of that conduct.
  3. (3) A person who does not fall within subsection (2) has an interest in being kept properly informed about the handling of a complaint or recordable conduct matter if—
    1. (a) the Commission or an appropriate authority considers that he has an interest in the handling of the complaint or recordable conduct matter which is sufficient to make it appropriate for information to be provided to him in accordance with this section; and
    2. (b) he has indicated that he consents to the provision of information to him in accordance with this section.
  4. (4) In relation to a complaint this section confers no rights on the complainant.
  5. (5) A person who has an interest in being kept properly informed about the handling of a complaint or conduct matter is referred to in this section as an "Interested person".
  6. (6) In any case in which there is an investigation of the complaint or recordable conduct matter in accordance with the provisions of Schedule 3
    1. (a) by the Commission, or
      2. 87
    2. (b) under its management, it shall be the duty of the Commission to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).
  7. (7) In any case in which there is an investigation of the complaint or recordable conduct matter in accordance with the provisions of Schedule 3
    1. (a) by the appropriate authority on its own behalf, or
    2. (b) under the supervision of the Commission, it shall be the duty of the appropriate authority to provide the interested person with an such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).
  8. (8) Where subsection (7) applies, it shall be the duty of the Commission to give the appropriate authority all such directions as it considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.
  9. (9) The matters of which the interested person must be kept properly informed are—
    1. (a) the progress of the investigation;
    2. (b) any provisional findings of the person carrying out the investigation;
    3. (c) whether any report has been submitted under paragraph 22 of Schedule 3;
    4. (d) the action (if any) that is taken in respect of the matters dealt with in any such report, and
    5. (e) the outcome of any such action.
  10. (10) The duties imposed by this section on the Commission and the appropriate authority in relation to any complaint or recordable conduct matter shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.
  11. (11) Subsections (6) to (9) of section 19 apply for the purposes of this section as they apply for the purposes of that section.
  12. (12) In this section "relative" means a person of a description prescribed in regulations made by the Secretary of State."

8 Clause 21, page 21, line 47, at end insert— "(kk) for applying the provisions of this Part with such modifications as Secretary of State thinks fit in cases where a complaint or conduct matter relates to the conduct of a person—

  1. (i) whose identity is unascertained at the time at which a complaint is made or a conduct matter is recorded;
  2. (ii) whose identity is not ascertained during, or subsequent to, the investigation of a complaint or recordable conduct matter;"

Lord Falconer of Thoroton

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 7 and 8.

Moved, That the House do agree with the Commons in their Amendments Nos. 7 and 8.—(Lord Falconer of Thoroton.)

On Question, Motion agreed to.

7.15 p.m.