A justice minister has been urged not to allow any more bereaved people to be subject to an outdated compensation law.
APIL immediate past president Matthew Tuff wrote to justice minister Sarah Sackman KC this week after the minister defended the current law on statutory bereavement damages in England and Wales.
In response to a parliamentary question asked by Liberal Democrat MP Gideon Amos, Ms Sackman said that the current law “represents a reasonable, proportionate and practical approach”.
The language used by Ms Sackman was identical to that used by justice ministers in the Conservative Government, and is a complete contradiction to the position taken by the Labour Party while it was in opposition.
Previously, Labour’s shadow justice team, led by current justice secretary David Lammy, gave its support for reform of the law.
In June 2020, Peter Kyle, then a shadow justice minister, told the House of Commons of Labour’s support for a “wider review of bereavement damages”, while a few months later then-Shadow Attorney General Lord Falconer of Thoroton called the Fatal Accidents Act 1976 an “archaic piece of legislation” during a parliamentary debate.
A year later, in August 2021, Anna McMorrin MP, who succeeded Peter Kyle as a shadow justice minister, took to social media to say “bereavement damages awarded to families are woefully outdated”.
In a letter to Matthew last year, Ms Sackman also revealed that she would consider APIL’s request for a wide-ranging review of the law of bereavement damages as the Ministry of Justice’s civil justice programme progresses.
In his letter this week, Matthew has asked the minister whether it is still her intention to consider a review, and for clarification on the timing for this consideration.
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