Lib Dems hit out at Scottish Government as minister backs FAI law

The Liberal Democrats said it is “incredibly disappointing” the Scottish Government has no plans to review the law around fatal accident inquiries (FAIs).

The party published a letter they received from justice secretary Angela Constance, who said she had confidence in the FAI system but acknowledged more can always be done.

It comes after the FAI into the deaths of Lamara Bell and John Yuill published its findings at the end of May, some nine years after the pair died.

Their car crashed off the M9 near Stirling and they lay in the Renault Clio for three days before being discovered, despite police previously being alerted to the incident.

Sheriff James Williamson’s FAI found there was “organisational failure” in police call handling procedures.

Constance’s letter to the Lib Dems discussed the length of time it took for the FAI to reach its conclusion.

She said: “This was a highly complex case which required detailed and lengthy investigation, involving complicated issues and a reliance on information and expert opinion from many different sources.

“We recognise that the time taken for the investigation and criminal proceedings to conclude and to initiate the inquiry must have been enormously difficult for the families of Ms Bell and Mr Yuill.”

She continued: “The law governing fatal accident inquiries was comprehensively reviewed by Lord Cullen and the findings of that review were reflected in the current FAI legislation.

“There are no plans to review that legislation.

“We have every confidence in the system that is in place for FAIs but we acknowledge that there is always more that can be done.”

Lib Dem MSP Willie Rennie said: “It’s incredibly disappointing that the Scottish Government continues to stand by its broken fatal accident inquiry system.

“Between the deaths of Ms Bell and Mr Yuill and the completion of this FAI, nearly nine years have passed.

“In that time, we have had three lord advocates and three first ministers. It is simply unforgivable to leave families without answers for such an agonising length of time.

“These delays can seriously undermine the quality of the FAI itself. In this case, the time taken to complete the FAI prevented the sheriff from making recommendations.

“As a result of this decade-long exercise, no lessons have been learned.”

He added: “Scottish Liberal Democrats have been consistently calling for far-reaching reform of fatal accident inquiries.

“We want to see FAIs removed from the remit of the Crown Office and handed to a new body charged with ensuring that inquiries begin within a year and that results are presented in a timely fashion.”

A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said: “Our investigation was conducted with the utmost thoroughness, giving those involved as much information as possible and ensuring that the families of Lamara Bell and John Yuill got the answers they deserve.

“COPFS has significantly reformed its processes in recent years to reduce the time taken to investigate deaths and bring Fatal Accident Inquiries to court.

“Calls for change to the system of Fatal Accident Inquiries are a matter for the Scottish Government and Parliament.”

A Scottish Government spokesperson said: “Our deepest sympathies remain with the families and friends of Lamara Bell and John Yuill.

“We keep matters around the FAI system under review in consultation with the Crown Office and Procurator Fiscal Service (COPFS). COPFS has reformed its processes to reduce the time taken to investigate deaths and bring inquiries to court more quickly.”