16.3 |
Military fatalities and the bereaved
316.
Legal Help
might be available (subject to a means test) to provide legal
advice
and
assistance before an inquest.
317.
The Deepcut
Review into the circumstances surrounding the deaths of
four
soldiers at
the Princess Royal Barracks, Deepcut between 1995 and 2002, led
by
Mr Nicholas
Blake, reported in March 2006.200
He
concluded that the participation of
the family
of the deceased in an inquest was desirable, and that their
participation was
assisted by
“having experienced legal professionals to advise them whether
there are
reasons for
concern, and how they can be properly addressed”. He also concluded
that,
in some
circumstances, it was “invidious for the Army to be legally
represented at such
an inquest
at public expense whilst the family is not”.
318.
Mr Blake
recommended:
“As part of
the military covenant with the soldier, the MOD should ensure that
the
family of a
deceased soldier have access to legal advice and, where
appropriate,
legal
representation prior to, and during, the inquest or FAI [Fatal
Accidents Inquiry].”
319.
The
Government’s formal response to the Deepcut Review was issued in
June,
and
stated:
“An inquest
is an inquisitorial, non‑adversarial fact finding process of
limited
scope which
does not make findings of civil or criminal liability. It is the
general
presumption
that legal representation is not necessary, and it is quite
appropriate
for those
deemed interested persons by the Coroner to ask questions of
witnesses
at an
inquest without legal assistance. Government provision of legal aid
... is
not
therefore normally available ... However, under the Access to
Justice Act
1999
allocation may be made to the Legal Services Commission for
exceptional
320.
Ms Harman
met relatives of Service Personnel killed in Iraq on 4 December,
to
discuss
their experience of the investigation and inquest
process.202
The formal
record
of the
meeting reported that families “would like to be informed of their
right to have legal
representation
[at an inquest], and that the Government should provide funding for
legal
representation
where families could not afford it”.
321.
Ms Harman
wrote to Mr Browne later that month summarising the
conclusions
of the
meeting; her letter did not address the issue of legal
representation.203
200
Nicholas
Blake QC, A Review of
the circumstances surrounding the deaths of four soldiers at
Princess
Royal
Barracks, Deepcut, between 1995 and 2002, HC795, 29
March 2006, paragraph 12.110 and
recommendation
31.
201
Ministry of
Defence,
The
Government’s Response to the Deepcut Review, Cm
6851, June 2006.
202
Report
Opinion Leader, January 2007, ‘DCA meeting with families of
military personnel who lost their
lives in
Iraq’.
203
Letter
Harman to Browne, 18 December 2006, ‘Proposals arising from meeting
with relatives of service
personnel
on their experience of the inquest system’.
131