Government FAI Bill should be vehicle for progress, MSPs say

Scotland's fatal accident inquiry legislation should be reformed through the Scottish Government's bill before the Parliament, with supporters of the competing member's bill working with the Government to secure amendments, Holyrood's Justice Committee has recommended.

In their stage 1 report on the Inquiries into Deaths (Scotland) Bill the MSPs commended Patricia Ferguson, the member who introduced the bill, but called on her to work with the ministers to strengthen their Fatal Accidents and Sudden Deaths etc (Scotland) Bill.

Like the Government’s bill, Ms Ferguson’s bill would repeal and replace the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 and give effect to many of the recommendations of Lord Cullen’s review of FAI legislation.

However the member's bill would go further by extending inquiries to cover work-related deaths resulting from industrial disease or exposure to certain substances through a person's employment, extending the categories of mandatory death inquiry to people who were subject at the time of their death to compulsory detention or a mental health compulsory treatment order, introducing certain statutory timescales, and putting increased emphasis on learning lessons from the death in order to prevent further deaths in future, with provisions for enforcing sheriffs' recommendations for action.

While supporting the principle behind Ms Ferguson's bill, the committee considers the best route for the adoption of many of its provisions would be to work closely with the Government on amendments to the Government bill.

The MSPs differ on whether to extend the categories of work-related deaths for which it is mandatory for an inquiry to be held to include deaths from industrial disease and exposure to hazardous substances.

Committee convener Christine Grahame MSP said: “The whole fatal accident inquiry process has been put under the microscope lately. The very nature of the legislation means that wider interest in this area is triggered by tragedy and loss. It is important that the law helps families at this most difficult of times.

“As a committee we very much share Ms Ferguson’s view that the FAI system stands or falls on whether it ensures that lessons are learned and we support many of her recommendations for improvement.

“We welcome Ms Ferguson’s determination to improve the inquiry process for the families and friends of victims. We have also already welcomed the Government’s bill in the same area and see it as the appropriate vehicle to take FAI reform forward.

“We would encourage Ms Ferguson and the Scottish Government to talk to each other about strengthening the Government’s bill further as it proceeds to its amending stages.”

Click here to view the committee's report.