I am grateful to all Members who have contributed to the debate so far. In particular, I congratulate the hon. Member for North Shropshire (Helen Morgan) on an excellent maiden speech. I know that part of the country well and she described it aptly: it is both historic and beautiful. I wish her well in the months ahead.
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Let me turn to the amendments, of which there are a great many so I shall have to try to canter to some degree. I shall start with new clauses 4 and 5, on coroners inquests. As Members will know, and as I set out in Committee, I am sympathetic to the difficulties that face all bereaved families, and the Government believe that affected families should be at the heart of any inquest process that follows. The coroner’s investigation, including the inquest, is an inquisitorial fact-finding process—a narrow-scope inquiry to determine who the deceased was and how, when and where they died. That means that for the vast majority of inquests, legal representation and legal aid are not necessary.
New clause 4 seeks to expand access to legal aid at inquests, which would run counter to the approach I just set out. There is a risk that having additional lawyers at an inquest will not provide an overall improvement for the bereaved and could have the unintended consequence of turning an inquisitorial event into a complex defensive case, thereby prolonging the distress of a bereaved family.
On new clause 5, legal help for advice and assistance in relation to inquests is already within the scope of legal aid, and the Legal Aid Agency already has the discretion to waive the eligibility limits if it considers it equitable to do so.
On new clause 6, for bereaved families who need legal help, advice and assistance is already available under the legal aid scheme, subject to a means-and-merits test. That provision includes relatives by marriage or civil partnership, cohabitants and those who have parental responsibility.
In respect of the new clauses, which relate to important areas of law, I stress that the Government have been working on several measures to make inquests more sympathetic to the needs of bereaved people. So far we have engaged with the Chief Coroner on training for coroners and their investigating officers; we have published new guidance on coroner services for bereaved people; we have developed a protocol that, among other matters, ensures that when the state is represented it will consider the number of lawyers instructed so as to support an inquisitorial approach; and, building on the protocol, we have supported the legal services regulators—the Bar Standards Board and the Solicitors Regulation Authority—in their work to develop inquest-specific information to guide lawyers who represent at inquests.
As I said, for bereaved families who do need legal help, advice and assistance is always available under the legal aid scheme, subject to a means-and-merits test. For legal representation at an inquest, legal aid may be available under the exceptional case funding scheme if certain criteria are met. The Government are of the view that when those criteria are met, the process should be as straightforward as possible, not least given the stressful circumstances that bereaved families face. With that in mind, as of last month there is no means test for an exceptional case funding application in relation to representation at an inquest, or for legal help at an inquest if representation is granted.
We are also carrying out a review of the legal aid means test as a whole, and that review will be published shortly. Given the ongoing work that the Government are undertaking to support the bereaved at inquests, I urge the hon. Member for Hammersmith (Andy Slaughter) to withdraw the new clauses.
Let me turn to the important matters of judicial review. I agree with the sentiment behind amendment 30: judicial review is indeed an integral part of the UK’s constitution and no Government of any colour should seek to make changes to the way the law on judicial review operates in a way that is unnecessary or disproportionate. However, I assure the House that nothing in the Bill limits judicial review in such a way and the amendment is unnecessary.