16.3 | Military fatalities and the bereaved

authority was represented; the favoured option was a surcharge on those

authorities; and

• conduct a study to establish fair and effective ways of ensuring that families

routinely had official material disclosed to them before an inquest; that should

improve the opportunity for families to participate in inquests on equal terms.

328. On 27 February, the All Party Parliamentary Group on Army Deaths held a seminar

focusing on the issue of legal representation for families, which Ms Harman attended.208

329. On 9 March, a DCA official advised Ms Harman that:

• the MOD had had legal representation at eight of the 45 inquests (into 63 deaths

in Iraq and Afghanistan) that had been completed;

• at five of those eight inquests, the family had also had legal representation; and

• at three other inquests the family had had legal representation and the MOD

had not.209

330. The official advised that the DCA had been able to confirm only two cases

where families had received legal aid for an inquest relating to Iraq (at a total cost of

some £38,000).

331. The official recalled the Government’s response to the Deepcut Review and

commented:

“If the MOD maintain the line that inquests are not adversarial ... so that families

do not need to be represented, this begs the question as to why MOD needs to

be represented.”

332. Ms Harman wrote to Mr Browne on 14 March:

“I am becoming increasingly concerned about the lack of legal representation for

families at inquests where the military are represented.210

...

“One solution to the problem might be for neither the military nor the family to

be legally represented. Alternatively, funding should be provided to families for

representation in those cases where the MOD is represented. I would look to your

Department to fund this ...

“I would welcome an early meeting to discuss this.”

333. Ms Harman concluded with the handwritten comment: “I know you share my

concern on this.”

208 Email Robins to Burton, 27 February 2007, ‘Seminar on Army deaths’.

209 Minute DCA [junior official] to Falconer, 9 March 2007, ‘Legal Representation in Military Inquests’.

210 Letter Harman to Browne, 14 March 2007, ‘Legal Representation at Inquests’.

133