The Home Secretary's statement to the House of Commons on 22nd October,
House of Commons Hansard for 22 October 2012 (pt 0002), includes the following comments about the possibility of the Dr. Popper inquests being quashed and the nature of the potential new inquests on those who died as a result of the Hillsborough disaster:
The bereaved families have long considered the original inquest to
have been inadequate, and the Hillsborough independent panel has pointed
to significant flaws. My right hon. and learned Friend the
Attorney-General has studied the panel’s report in detail and looked at
the disclosed material and the previous requests for new inquests that
were declined by his predecessors. He has confirmed that he will apply
to the High Court for the original inquest to be quashed and a new one
ordered.
Right hon. and
hon. Members will know that it is for the High Court and not for
Government to make the final decision, and that we must be careful not
to pre-judge the Court’s consideration. Should the Court agree a new
inquest, I have asked the chairman of the Hillsborough independent
panel, the Bishop of Liverpool, to work with the new chief coroner to
ensure that arrangements are put in place in which the families are
central, and to ensure that the new inquest is run in a way that
reflects the dignity and respect that the families have themselves so
consistently demonstrated. I have also asked the Bishop of Liverpool to
act as my adviser more generally on Hillsborough-related matters, and he
has agreed to do so.
The second quoted paragraph indicates that the process of agreeing what nature a prospective new inquest (more precisely multiple inquests) may have is likely to be unprecedented.
Having a person who is not an "interested person" have a role in the parameters of an inquest is, so far as I'm aware, unprecedented.
The proposed arrangment seems broadly sensible but what is its basis in Law?
It may, also, be the first time that the recently appointed Chief Coroner, Judge Peter Thornton, has taken an active role in defining the parameters of an inquest.
Given that the office of Chief Coroner has been somewhat emasculated I'm not entirely clear on the basis in Law of the role proposed by the Home Secretary.
Further, the question of whether the Home Secretary has powers to "ensure" that an inquest is conducted in any particular way is a moot point, I think.
The wider question of how any such precedents may apply to other inquests also needs to be considered.
If the Hillsborough families are, hypothetically, to have their expenses paid why should that not also apply to other families in respect of the death of their loved one?