Justice minister 'must give clear assurances' over deaths abroad

Minister for Justice and Home Affairs Angela Constance.

Angela Constance must give a cast-iron guarantee that Scots families are not being denied justice by flawed legislation when their loved ones die abroad or change the law, MSPs demanded last night.

The justice secretary will be summoned to appear before members of Holyrood’s Petitions Committee after we revealed how a legal loophole could prevent the relatives of overseas workers from cashing in life insurance policies.

Committee members agreed on Wednesday to write to the SNP minister after considering a petition that would introduce a statutory definition of residency for Fatal Accident Inquiries into the deaths of Scots abroad.

Campaigners say confusion over the term “ordinarily resident” in existing legislation to describe where a person spent their time before dying has made it impossible to pass the threshold for a hearing to be held.

Fight for justice

Angus dad Davy Cornock lodged the petition following the death of his son, David, in Thailand in 2019.

The 63-year-old, of Ferryden near Montrose, remains convinced offshore worker David was murdered – a claim backed by private investigations – but because he was not considered ordinarily resident in Scotland, no inquiry was called into his death.

The lack of answers meant David’s children in Brazil became homeless after they lost out on his property and any insurance pay out.

The family believes that if his body had instead been returned to England, money to support their future may have been available.

Davy Cornock and wife Margaret at home with a framed picture of David. Image: Mhairi Edwards/DC Thomson

Davy said: “It’s a victory that the justice secretary is going to appear to answer questions but I worry she will just try to pass the buck to the Lord Advocate rather than actually address the problem.

“Whether its Angela Constance or the Lord Advocate, the Scottish Government has known about this situation for years and refused to take action.

“I hope this will be the first step in finally guaranteeing protections to Scots that are already offered in the rest of the UK.”

We reported previously how as many as 1,000 Scots families may have been denied answers over their loved ones’ deaths since the law was changed in 2016.

Despite 5,700 inquests into deaths abroad taking place in England and Wales between 2019 and 2023, not a single one has been carried out in Scotland.

‘Gaping hole’ in Scots justice

North East MSP Michael Marra has been supporting Davy alongside Conservative MSPs Liam Kerr and Tess White, and SNP MP Dave Doogan.

Marra believes there is a “gaping hole” in the Scottish justice system.

He said: “For almost a decade, the updated law of Scotland has operated in a manner that effectively denies Scottish families answers as to the fate of their loved ones.

“All the while thousands of families in England have the benefit of a system that provides them with much needed clarity and closure.

“It is now long past time that the justice secretary and the Lord Advocate sit in front of MSPs and tell them why they think this situation is sufficient to the needs of the bereaved.

“I look forward to hearing their thoughts and I hope that they might realise at long last that this situation is intolerable and must change.”

Maurice Golden, the Scottish Conservative MSP and Petitions Committee member, said: “It’s now time for the justice minister to explain once and for all why this system, which campaigners say is failing victims, is appropriate.

“If Ms Constance can’t do that, and if she can’t provide proof that families in Scotland are not being denied justice, then it’s time for a change to the law.”

We reported previously how Angela Constance has failed to take action for well over a year after being warned by industry bosses about the flawed legislation.

Union leaders have also pleaded with the justice secretary to address the issue.

The Scottish Government insists FAIs are a matter for the Lord Advocate, who exercises these functions independent of government.

It has said previously that any investigation into the circumstances of a death abroad rests with the authorities in the country where the death occurred.