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10
February 2005
HSE
Information Disclosure Policy “flawed”
HSE’s policy of prohibiting coroners from providing
bereaved families and their representatives copies
of statements and other investigation material is
“flawed” according to a legal opinion obtained
by the Centre for Corporate Accountability.
HSE argues that disclosure of witness statements to
bereaved families could jeopardise any possible future
proceedings. As a result it is HSE practice to only
provide witness statements to coroners as long as
they agree not to hand them over to third parties.
The
HSE is involved in the investigation of over 350 work-related
deaths each year - all of which will involve an inquest.
The
opinion by barrister Steven Cragg of Doughty Street
chambers concludes that:
“HSE’s
approach to providing information to the coroner
only on the basis that it is not disclosed to other
interested persons appears to be flawed”
It
states that HSE’s policy does not appear to take
into account that the:
“evidence
itself is likely to be given in public at the inquest
and the witnesses are likely to hear what each other
have to say before the HSE decides on whether to
prosecute. The HSE does not explain how there can
be further prejudice to the criminal proceedings
if disclosure is made before rather than at or after
the inquest.”.
The
opinion argues that the HSE should adopt the same
practice of the police and the prison service –
in relation to deaths in their custody. Both the police
and the prison service give advance disclosure of
statements taken unless there are compelling reasons
to the contrary
“There
is, in truth, nothing to stop the Home Office and
the HSE taking the same approach as the police in
regards to advance disclosure. Thus, although the
potential prejudice to criminal prosecutions must
be an issue to be considered, a blanket decision
on disclosure on this basis should not be taken.
Rather the HSE should consider in each case and
in relation to individual documents whether there
is 'genuine risk.. . that disclosure will have a
prejudicial effect' on future criminal proceedings,
taking into account the fact that the evidence will
be given in public at the inquest in any event before
the criminal trial.”
David
Bergman, Director of the Centre for Corporate Accountability
said:
“As an organisation that runs an advice service
for families bereaved from work-related deaths,
we are keen that families and their representatives
have access to as much information as possible prior
to an inquest to ensure that the families can fully
participate at the inquest”.
In
its response to the opinion, the HSE states that it
intends
"to consult with representatives of the Coroners’
Society" but that:
"in
the meantime you will appreciate that HSE investigations
differ from those carried out by the Home Office
following a death in custody and our arrangements
will reflect those differences and the chronology
of proceedings."
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To
download the legal opinion click
here (word) |
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To
download HSE's response click
here (word) |
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To
read more about information disclosure prior to
inquests click
here |
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To
read more about inquests click
here |
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