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Scots base plan to speed inquests Scots base plan to speed inquests
(about 4 hours later)
A Scottish military base could technically become part of England in a bid to speed up inquests into deaths of personnel, BBC Scotland has learned.A Scottish military base could technically become part of England in a bid to speed up inquests into deaths of personnel, BBC Scotland has learned.
The move would allow coroners' inquests into the deaths of service personnel abroad to be held in Scotland.The move would allow coroners' inquests into the deaths of service personnel abroad to be held in Scotland.
It is hoped the proposal would cut the length of time bereaved families must wait for an inquest.It is hoped the proposal would cut the length of time bereaved families must wait for an inquest.
As the law stands, all military deaths abroad must currently be examined by an English coroner.As the law stands, all military deaths abroad must currently be examined by an English coroner.
The proposal would see English jurisdiction over part of a Scottish base, for example RAF Kinloss, to allow coroners to carry out inquests there.The proposal would see English jurisdiction over part of a Scottish base, for example RAF Kinloss, to allow coroners to carry out inquests there.
It is one of a series of options being considered by Justice Secretary Kenny MacAskill to reduce delays and end a situation whereby Scottish families must travel to England to hear inquests into how their loved ones died.It is one of a series of options being considered by Justice Secretary Kenny MacAskill to reduce delays and end a situation whereby Scottish families must travel to England to hear inquests into how their loved ones died.
Roadside bombRoadside bomb
A precedent for the potential move came when Scottish judges were given jurisdiction over Camp Zeist in the Netherlands during the Lockerbie trial.A precedent for the potential move came when Scottish judges were given jurisdiction over Camp Zeist in the Netherlands during the Lockerbie trial.
Another option would be to allow Scottish fatal accident inquiries (FAIs) to be held into the deaths of Scottish personnel abroad, but there have been concerns that could result in the deaths of all Scots overseas having to be dealt with through FAIs.Another option would be to allow Scottish fatal accident inquiries (FAIs) to be held into the deaths of Scottish personnel abroad, but there have been concerns that could result in the deaths of all Scots overseas having to be dealt with through FAIs.
Under current Scottish law there is no provision for fatal accident inquiries into deaths occurring outside Scotland.Under current Scottish law there is no provision for fatal accident inquiries into deaths occurring outside Scotland.
An English coroner's inquiry into the death of Fusilier Gordon Gentle, 19, from Glasgow, who was killed by a roadside bomb in Iraq three years ago, only got under way in Oxford this week.An English coroner's inquiry into the death of Fusilier Gordon Gentle, 19, from Glasgow, who was killed by a roadside bomb in Iraq three years ago, only got under way in Oxford this week.
The Scottish Government said that discussions with Westminster on a possible change were continuing.The Scottish Government said that discussions with Westminster on a possible change were continuing.
If that is what has to happen in order to facilitate quicker investigations then it is maybe something we have to accept Keith Brown MSPIf that is what has to happen in order to facilitate quicker investigations then it is maybe something we have to accept Keith Brown MSP
Privately, SNP ministers have admitted that handing over a tiny part of Scotland to England may raise eyebrows, but they said they believed helping those who are bereaved was more important.Privately, SNP ministers have admitted that handing over a tiny part of Scotland to England may raise eyebrows, but they said they believed helping those who are bereaved was more important.
Keith Brown, SNP MSP for Ochil and a former Royal Marine who served during the Falklands War, said it was "extremely important" for inquests to be held in Scotland.Keith Brown, SNP MSP for Ochil and a former Royal Marine who served during the Falklands War, said it was "extremely important" for inquests to be held in Scotland.
He said: "If you are a family from Scotland and you have had somebody killed overseas you have to first of all travel down to England in order to attend the inquest and also you have to suffer the long delay after the death has occurred - that can't be right."He said: "If you are a family from Scotland and you have had somebody killed overseas you have to first of all travel down to England in order to attend the inquest and also you have to suffer the long delay after the death has occurred - that can't be right."
Mr Brown said the prospect of English law being given jurisdiction over a small part of Scotland was "odd."Mr Brown said the prospect of English law being given jurisdiction over a small part of Scotland was "odd."
However, he added: "If that is what has to happen in order to facilitate quicker investigations then it is maybe something we have to accept."However, he added: "If that is what has to happen in order to facilitate quicker investigations then it is maybe something we have to accept."
'A bit stunned'
Former Armed Forces minister Adam Ingram MP said he was surprised at the proposal as he had written to the Scottish Government six months ago suggesting a change in the law to allow inquests to be held in Scotland.Former Armed Forces minister Adam Ingram MP said he was surprised at the proposal as he had written to the Scottish Government six months ago suggesting a change in the law to allow inquests to be held in Scotland.
He added: "I am a bit stunned by this proposal if this is what they are going to do.He added: "I am a bit stunned by this proposal if this is what they are going to do.
"There are United Kingdom armed forces working in United Kingdom bases and now a piece of that will be designated as English.""There are United Kingdom armed forces working in United Kingdom bases and now a piece of that will be designated as English."
The UK Ministry of Justice said hard work by coroners and staff and additional resources provided by the UK government had seen the backlog of inquests handled by the Oxfordshire coroner fall from 86 to two.
A spokesperson said: "To ensure that a backlog of inquests does not develop in Wiltshire, the government has agreed to provide coroner David Masters more additional resources in the form of an additional departmental coroner, a coroner's officer and administrative support.
"Mr Masters intends to continue his practice of transferring inquests to a coroner closer to the bereaved family, where possible."