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The Administration accepts that the disclosure of the personal particulars of witnesses to family members of the deceased, or to other properly interested persons, could be helpful to them. However, one must not overlook the legitimate interests of the witnesses themselves. Whilst they may be willing to give a statement for the purpose of the coroner's investigation into the death, they may not wish to become involved with family members of the deceased. There may be good reasons for this. For example, in some situations, witnesses might fear for their personal safety if their identity is revealed to family members of the deceased. This is not a fanciful or theoretical thought. What if the deceased were killed by a family member? If the witness' personal particulars were to be disclosed in such a situation, this would undermine all the progress in respect of witness protection that has been achieved in recent years.
It has also been argued that, if an inquest had been ordered, the personal particulars of the witness would have been revealed publicly, so the witness cannot complain if they are disclosed where no inquest is held. But the personal particulars of a witness at a coroner's inquest are not always publicly revealed. If, for example, the witness has fears for his or her personal safety, the coroner can take steps to protect the anonymity of the witness. The same applies if a criminal trial is held in respect of the death.
The situation under consideration is similar to that where witness statements are obtained for the purposes of criminal or civil litigation involving the Administration. If the case proceeds to trial, personal particulars of witnesses may be revealed publicly. But if the case does not proceed to trial, witness statements would not be released by the Administration to a third party for other purposes except with the consent of the witness or by order of the court, for example, by way of discovery.
The Administration believes that it is important that the personal privacy of a witness is adequately protected and that a person has a right to give, or not to give, consent to his personal data being disclosed otherwise than for the purpose of an inquest. The Administration cannot, therefore, support Dr Leong's proposal, and I urge members to support the Committee Stage amendment that I will shortly be moving.
Mr President, with these remarks, and subject to the Committee Stage Amendments proposed by the Administration, I commend the Coroners Bill to Honourable Members.
End