Lawford Kidd's Blog

Labour MSP Patricia Ferguson has launched a consultation exercise on a proposed members Bill to overhaul the Fatal Accident Inquiry (FAI) system in Scotland.

According to Ms Ferguson, the Inquiries into Deaths (Scotland) Bill aims to create a system for investigating sudden and accidental deaths which is fit for purpose: allowing for a thorough investigation and also for lessons to be learned from the death.

The case for change

FAIs are currently governed by the Fatal Accident and Sudden Deaths Inquiries Act 1976. They take place following deaths that have occurred in a number of prescribed situations, including where deaths occur after a workplace accident or while the deceased was in custody.

A Bill that makes provision for the prosecution in Scotland of partnerships, partners and others following dissolution or changes in membership, has completed its passage through Parliament.

The Partnerships (Prosecution) (Scotland) Bill is now waiting for Royal Assent, and will come into force on the day after the assent is granted.

The Bill closes a legal loophole in Scottish partnership law, which came to light after the tragic death of 14 elderly residents in a fire at the Rosepark nursing home in Lanarkshire in 2004.

The owner of a Herne Bay hair salon has been fined for failing to provide legally required insurance cover that enables employees to claim damages should they be injured at work.

The owner neglected to arrange Employers' Liability Compulsory Insurance (ELCI) when he took over the business last year.

Canterbury Magistrates' Court heard that an investigation by the Health and Safety Executive (HSE) in August 2012 into a complaint from a concerned employee established there was no cover in place for at least three months.

The chartered body for health and safety professionals has welcomed a call by parliamentarians to allow adequate time for consultations on Government policy.

Ministers are looking at slashing the time allowed for organisations to comment on some proposed law changes, from 12 weeks to as little as two. The aim is to make the consultation process more productive.

But the Institution of Occupational Safety and Health (IOSH) is among prominent organisations to criticise the plan. It would “counterproductive”, said IOSH, because it could stop stakeholders submitting evidence on important proposals on legislation.

The Attorney General, Dominic Grieve QC MP, has announced that although his consideration of the evidence is not complete, he has made the decision to apply to the High Court to quash the inquest verdicts of the 96 victims and order fresh inquests.

He will now write to the families of the victims to give them the opportunity to make representations, and continue the detailed work of preparing an application.

The Attorney General, in a Written Ministerial Statement to Parliament, said: