Written Answers to Questions - Northern Ireland Assembly
Written Answers to Questions - Northern Ireland Assembly
Written Answers to Questions - Northern Ireland Assembly
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Friday 20 July 2012 <strong>Written</strong> <strong>Answers</strong><br />
A decision on whether or not <strong>to</strong> hold an inquest is a matter for the Coroner. Where the Coroner declines<br />
<strong>to</strong> hold or has already held an inquest, the At<strong>to</strong>rney General may refer the case back <strong>to</strong> the Coroner<br />
with a direction that an inquest be convened. Therefore, there is potential for the number of legacy<br />
inquest cases <strong>to</strong> increase.<br />
The security arrangements for retired security personnel attending inquests are subject <strong>to</strong> risk<br />
assessment and arrangements are agreed with the Coroner.<br />
Retired Security Personnel<br />
Mr Givan asked the Minister of Justice what security provision has been made for retired security<br />
personnel who will be required <strong>to</strong> provide evidence at his<strong>to</strong>rical inquests.<br />
(AQW 13227/11-15)<br />
Mr Ford: The term ‘his<strong>to</strong>rical’ or ‘legacy’ inquest is administrative rather than a legal or statu<strong>to</strong>ry one.<br />
There is no formal definition, but these cases generally relate <strong>to</strong> deaths involving agents of the State<br />
or allegations of collusion and due <strong>to</strong> their complex and contentious nature will require considerable<br />
resources <strong>to</strong> bring them <strong>to</strong> conclusion. The Coroners agree the classification of a case as a legacy or<br />
his<strong>to</strong>rical inquest.<br />
To date, the legacy inquest case workload has been delivered from within the NI Courts and Tribunals<br />
Service budget but the management of these cases has created pressures for the Coroners and the<br />
Coroners Service.<br />
The administrative and funding arrangements are being kept under review as cases progress and costs<br />
become clearer. My officials are working <strong>to</strong> ensure that the response is co-ordinated and that available<br />
resources are deployed effectively. Any future pressures highlighted by NICTS will be considered as part<br />
of the in-year moni<strong>to</strong>ring round process.<br />
The listing of legacy inquests is a matter for the relevant Coroner and can be influenced by a number of<br />
fac<strong>to</strong>rs including:<br />
■ other ongoing investigations e.g. by the His<strong>to</strong>rical Enquiries Team or the Office of Police<br />
Ombudsman;<br />
■ the availability of evidence for the Coroner’s investigations;<br />
■ witness and family availability; or<br />
■ any legal challenges initiated by parties <strong>to</strong> the inquest.<br />
A decision on whether or not <strong>to</strong> hold an inquest is a matter for the Coroner. Where the Coroner declines<br />
<strong>to</strong> hold or has already held an inquest, the At<strong>to</strong>rney General may refer the case back <strong>to</strong> the Coroner<br />
with a direction that an inquest be convened. Therefore, there is potential for the number of legacy<br />
inquest cases <strong>to</strong> increase.<br />
The security arrangements for retired security personnel attending inquests are subject <strong>to</strong> risk<br />
assessment and arrangements are agreed with the Coroner.<br />
Tougher Penalties<br />
Lord Morrow asked the Minister of Justice whether he has any plans <strong>to</strong> introduce <strong>to</strong>ugher penalties<br />
for people who smuggle drugs in<strong>to</strong> prisons, and for those who control and deal drugs within the prison<br />
population.<br />
(AQW 13230/11-15)<br />
Mr Ford: The Criminal Justice (NI) Order 2008 set and restructured the penalties for smuggling articles<br />
in<strong>to</strong> prison. Controlled drugs are categorised under List A and the maximum penalty for smuggling List<br />
A items in<strong>to</strong> a prison is ten years. There are currently no plans for any further review of the penalties<br />
available for people who smuggle drugs in<strong>to</strong> prison or for those who control and deal drugs within the<br />
prison population.<br />
WA 578