FAI Bill given stage 1 welcome

Holyrood's Justice Committee has supported the general principles of the Fatal Accidents and Sudden Deaths etc (Scotland) Bill, while urging the Scottish Government to consider improvements at stage 2.

In its stage 1 report, published today, the committee agrees with the widespread view that the bill is much needed and that the publication of a "milestone charter" should help address the delays in the FAI process. 

However, it has asked the Government to reflect on the evidence received in areas such as the scope for mandatory FAIs, the employment status of service personnel, deaths abroad and repatriation, and access to justice for bereaved families.

The committee also records that it was struck by the public’s lack of awareness surrounding the purpose of an FAI and other formal death investigations which are undertaken as a matter of course, and calls on ministers to work closely with the Crown Office to promote a better understanding of FAIs and how they interact with other death investigations.

Convener Christine Grahame MSP said: “The committee supports the general principles of this bill and welcomes the clarity this legislation brings to understanding the purpose of FAIs and what is meant by the inquiries which are held in the public interest. This will deliver important and necessary improvements to the existing law and we thank the many witnesses who provided evidence to the committee in the stage 1 scrutiny process.

“There are areas though where we feel the bill could be improved. For example, what happens when a member of the armed forces dies while on duty in Scotland? This is something which the Scottish Government has committed to discuss with the UK Government as a direct result of our scrutiny.

“We have also asked the Government to consider bringing forward an amendment that would allow an FAI to be undertaken where a death has occurred abroad but the body has not been repatriated.

“And while we welcome the requirement that the Lord Advocate provide written reasons to a family for a decision not to hold an FAI, we believe this should be provided as a matter of routine and not only upon request."

Click here to view the committee's report, and here to access a video summary.