Holyrood passes bill to allow FAIs into deaths abroad

The Fatal Accidents and Sudden Deaths (Scotland) Bill, which was passed without opposition at the Scottish Parliament, increases the number of situations where FAIs are mandatory as well as modernising the legislation.

The UK government has also agreed to allow FAIs into the deaths of Scottish soldiers who die abroad.

Christian Allard MSP said the aim was to create an FAI system that was “effective, efficient and fair”. Around 50 to 60 FAIs are conducted in Scotland each year.

They are meant to determine exactly what caused the death and the measures that can be put in place to prevent similar occurrences in the future.

Mr Allard added that FAIs “play a vital role in ensuring that families understand the circumstances of their loved ones’ death and that we learn from these tragic circumstances”.

He said: “This bill will make important reforms to the system including increasing the situations where an inquiry will be mandatory and allowing discretionary FAIs into deaths abroad for the first time.

“Agreement has also been reached, in principle, between the Scottish and UK governments to allow FAIs into the deaths of service personnel in Scotland to be held in Scotland - this ground-breaking change has already been widely welcomed by campaigners.”

The Crown Office will also introduce a family liaison charter, to stand alongside the bill, to keep bereaved families fully informed of the progress of a death investigation and the likelihood of criminal proceedings or a fatal accident inquiry.

Minister for Community Safety and Legal Affairs, Paul Wheelhouse, said: “This new legislation will strengthen Fatal Accident Inquiry legislation and bring it into the 21st century, ensuring that inquiries are effective, efficient and fair through implementing the recommendations of Lord Cullen. In particular, the introduction of the possibility of an FAI for deaths abroad is a hugely important step.

“I also welcome the UK government agreement, in principle, that the death of service personnel in Scotland, be subject to a mandatory inquiry.

“Requiring participants at FAIs to respond to recommendations made by sheriffs will improve compliancy, accountability and transparency in the process.”