The Report of the Iraq Inquiry

322. On 13 December, during Prime Minister’s Questions, Mr Roger Gale asked

Mr Blair:

“When inquests are held into the deaths of Service Personnel whose bodies are

returned to the UK, the Government are represented by the Treasury Solicitor, who

has access to effectively unlimited taxpayers’ funds for QCs, witnesses and support

investigations. In contrast, families of the bereaved attending the same inquest have

to pay out of their own pockets. Is it right that the dice should be loaded against the

bereaved?”204

323. Mr Blair replied that Ms Harman was looking at the arrangements for inquests,

adding that “it is of course important to make sure that bereaved families are given every

possible facility”.205

324. Mr Gale continued to press the Government to provide funding routinely for legal

representation for bereaved families at inquests into the deaths of Service Personnel.

325. On 17 January 2007, a DCA official advised Ms Vera Baird, Parliamentary Under

Secretary of State for the DCA, that Ms Harman had received representations on the

issue during a consultation meeting on the draft Coroners Bill and at her 4 December

meeting with the families of Service Personnel who had died in Iraq.206 Ms Harman

was concerned that there was a “real or perceived inequality” when a public authority

was legally represented at an inquest but the family of the deceased was not. She

had therefore asked officials to explore options for providing (non‑legal aid) funding for

families at inquests where public authorities had legal representatives. That work was

still at a very early stage.

326. A DCA official detailed Ms Harman’s position and that work on 22 February:

“Harriet [Ms Harman] was clear that it is of fundamental importance that there should

be equality of arms between the families and MOD and something needs to be done

to achieve this urgently ... Her view is that if it is not possible for families to be given

legal support over and above the legal aid provisions then she would propose that

equality of arms is met by there being no MOD lawyers present at the inquests in

which they have an interest.”207

327. Work was under way to:

• develop a consultation paper to seek views on how representation for families

could be paid for outside of the legal aid system, in cases when a public

204 House of Commons, Official Report, 13 December 2006, column 872.

205 House of Commons, Official Report, 13 December 2006, column 872.

206 Minute DCA [junior official] to Baird, 17 January 2007, ‘Advice and draft reply to Roger Gale MO –

funding for representation at Inquests’.

207 Minute DCA [junior official] to Falconer, 22 February 2007, ‘Legal Funding of Military Inquests:

Correspondence from Roger Gale MP’.

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