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  Deregulation Bill - Clause 35 - Duty to Re-Open Marine Accident Investigations 
  
  --- MOTION EFFECT ---
  
  @ MP voted aye to require the re-opening of marine accident investigations where "secondary investigations have enabled more new, significant, or important evidence to become available", rather than only permitting the reopening of investigations if the Secretary of State has grounds to suspect a miscarriage of justice may have occurred.
  @ MP voted no against requiring the re-opening of marine accident investigations where "secondary investigations have enabled more new, significant, or important evidence to become available", rather than only permitting the reopening of investigations if the Secretary of State has grounds to suspect a miscarriage of justice may have occurred.
  
  
  The majority of MPs voted against requiring the re-opening of marine accident investigations where "secondary investigations have enabled more new, significant, or important evidence to become available", rather than only permitting the reopening of investigations if the Secretary of State has grounds to suspect a miscarriage of justice may have occurred.
  
  MPs were considering the Deregulation Bill[1]. The amendment rejected in this vote was:
  
  :Amendment 1, page 26, line 4, leave out paragraphs (a) and (b) and insert
  :âin paragraph (a) leave out from âif new and important evidenceâ to âdiscoveredâ and insert âwhere secondary investigations have enabled more new, significant, or important evidence to become available, having particular regard toâ
  :(i) enhancing and preserving the rights of those affected by a maritime accident to learn from the proceedings of such reinvestigations and conclusions drawn from them; and
  :(ii) future safety issues and measures.â
  
  This would have affected Clause 35 of the Bill titled ''Removal of duty to order re-hearing of marine accident investigations'' which following the rejected amendment continued to state:
  
  :In [http://www.legislation.gov.uk/ukpga/1995/21/section/269 section 269(1) of the Merchant Shipping Act 1995] (power to order re-hearing of investigation into marine accident and duty to do so in certain cases)â
  
  :(a) omit paragraph (a) (duty to order re-hearing where new and important evidence discovered), and the âorâ following it;
  :(b) in paragraph (b), omit âotherâ. 
  
  Subclause 269(1) stated:
  
  :(1)Where a formal investigation has been held under section 268 the Secretary of State may order the whole or part of the case to be re-heard, and shall do soâ
  
  :(a)if new and important evidence which could not be produced at the investigation has been discovered; or
  
  :(b)if there appear to the Secretary of State to be other grounds for suspecting that a miscarriage of justice may have occurred.
  
  The Deregulation Bill as it remained, unamended, sought to only allow a a marine accident investigation ought to be re-opened if the Secretary of State has grounds to suspect a miscarriage of justice may have occurred.
  
  
  ==
  
  
  * [1] [http://services.parliament.uk/bills/2014-15/deregulation.html Parliament's webpage on the Deregulation Bill]
  * [2] [http://www.publications.parliament.uk/pa/bills/cbill/2014-2015/0005/cbill_2014-20150005_en_4.htm#pb6-l1g35 Clause 35 of the Deregulation Bill]
  --- COMMENTS AND NOTES ---
  
  (put thoughts and notes for other researchers here)
  