§ Mrs. EwingTo ask the Secretary of State for Scotland if he will state for each year since 1976 the number of instances where there has been a death to which section 1 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 applies, and the next of kin has requested a fatal accident inquiry and such inquiry has been(a) refused and (b) held; and if he will take steps to ensure that where under the Fatal Accidents and Sudden 449W Deaths Inquiry (Scotland) Act 1976 a fatal accident inquiry is not held contrary to the wishes of the next of kin, steps are taken to explain the reason for such decision to the next of kin with particular reference to the use of a private interview. [25427]
§ Lord James Douglas-HamiltonMy noble and learned Friend the Lord Advocate informs me that the information requested concerning the number of death cases which fall into the categories referred to by the hon. Member is not readily available and could be obtained only at disproportionate cost. I understand from the Lord Advocate that procurators fiscal, where appropriate, will interview relatives of the deceased to ascertain whether there is any wish for a fatal accident inquiry to be held. In the course of the interview, the procurator fiscal will explain the public inquiry system and the criteria for holding inquiries. The interview also gives the next of kin the opportunity to obtain information from the procurator fiscal about the cause and circumstances of the death. If it is decided not to hold a fatal accident inquiry, this decision will be communicated to the next of kin.