§ Mr. Buchanasked the Solicitor-General for Scotland if he will take steps to ensure that an inquiry similar to the coroner's report in England is undertaken into all cases in Scotland where there are grounds to suspect that death was caused by pneumoconiosis or related diseases.
§ The Solicitor-General for ScotlandIn terms of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, section 1(1)(b), it is within the discretion of my noble and learned Friend the Lord Advocate to direct that a procurator fiscal apply to the sheriff for the holding of a public inquiry if it appears to the Lord 208W Advocate to be expedient in the public interest that such an inquiry should be held into the circumstances of a death on the ground that the death was sudden, suspicious or unexplained, or has occurred in circumstances such as give rise to serious public concern.
Procurators fiscal have been instructed to report to the Crown Office all deaths which appear to have been caused by poisoning or disease, notice of which has to be given to any Government Department or to any inspector or other officer of a Government Department under or in pursuance of any Act. In addition, procurators fiscal report all deaths which occur in circumstances the continuance of which or possible recurrence of which is prejudicial to the health and safety of the public and where the death occurred in industrial employment. Similarly, arrangements have been made with the Registrar General for Scotland that registrars will report to procurators fiscal all deaths arising out of industrial employment, accident, industrial disease or industrial poisoning.
When such reports are received we consider in consultation with the Health and Safety Executive whether the circumstances of the death are such that there is serious public concern, taking account of local representations about the circumstances of the death, the views of the relatives of the deceased as to whether there should be a public inquiry, and any continuing danger or risk which should be ventilated at a public inquiry and any other factors or circumstances which would lead the Lord Advocate to take the view that the circumstances should be the subject of public examination.
In terms of the Health and Safety at Work etc. Act 1974, section 14, the Health and Safety Commission has power, with the consent of the Secretary of State, to direct an inquiry to be held into any death from, inter alia, any suspected industrial disease. This provision applies on a United Kingdom basis and the criteria are therefore identical in England, Wales and Scotland.
I am therefore satisfied that adequate arrangements exist for the investigation of deaths due to pneumoconiosis or related diseases and for a public inquiry to be held whenever that is appropriate.