PROSECUTORS have opposed calls to put a time limit on announcing Fatal Accident Inquiries.

 

The Scottish Government has proposals to reform the FAI system following a review by a top judge.

The plans extend the type of cases where an FAI would be mandatory but allows the Lord Advocate discretion in certain circumstances.

Maryhill and Springburn MSP Patricia Ferguson has also produced a Bill, which goes further than the government and calls for a time limit when an inquiry must be announced.

Lesley Thomson, Scotland's solicitor general and Stephen McGowan, of the Crown Office Major Crime and Fatalities Investigation unit are giving evidence to MSPs on the Scottish Parliament Justice Committee today.

The Crown Office Procurator Fiscal Service has stated putting a time limit on an inquiry would not necessarily help find the truth about deaths.

In a written submission to the committee, Catherine Dyer Chief Executive said: "COPFS are committed to investigating deaths timeously, but will not compromise thoroughness for speed as this could compromise a Sheriff's ability to make proper findings and/ or recommendations."

She said there were many reasons which affect the time in announcing a FAI, including the time between a death and it being reported to the Procurator Fiscal, criminal proceedings which take precedence and time to obtain expert evidence.

Ms Ferguson brought her Bill forward after concerns of families following workplace deaths including the Stockline disaster in Maryhill when nine people died in 2004.

She said there were concerns in some cases where a company pleaded guilty and there was no FAI that the facts of the cases were not fully explained.

She has been backed by trade union leaders who previously told the committee a six month deadline for an announcement was "reasonable", but could allow for an extension if the Lord Advocate deemed it necessary.

Ms Dyer submission also stated: "COPFS recognises the importance of holding a FAI as soon as possible once a decision is taken a FAI is to be help.

"The Crown now petitions the court to hold a FAI within two months of the instruction to hold a FAI."

The Crown Office also said there would be limitations of holding a FAI into deaths which happened abroad and investigations may not always be possible

It stated: "It is important to note that it is the power to hold the inquiry that is provided for, not the power to investigate the death which occurred abroad."