Recommendation 6

Whilst we consider the draft Remedial Order adequate to remedy the specific incompatibility identified in the case of Smith, we are disappointed that the Government did not choose to use its remedial order powers to make further consequential, supplemental, or incidental amendments to ensure that the bereavement damages scheme does not perpetuate further discrimination or stigmatisation in relation to cohabitees and their children. We are particularly concerned that section 1A of the FAA will continue to make a distinction between “legitimate” and “illegitimate” children. Not only is this language inappropriate, it perpetuates the discrimination against cohabiting fathers who will not be eligible for bereavement damages following the death of their child, simply because this child was born outside of wedlock or civil partnership. We trust that the Government will remedy the outstanding discrimination at the earliest opportunity. Finally, we recognise that a number of our recommendations fall outside of remedial order powers and would require primary legislation. We reiterate our recommendation that the Government should undertake a consultation on wider reform to this scheme to ensure it is fully compliant with human rights law and reflects the reality of modern family life. (Paragraph 39) Draft Fatal Accidents Act 1976 (Remedial) Order 2020: Second Report 19 Declaration of Interests43 Lord Brabazon of Tara • No relevant interests to declare Lord Dubs • No relevant interests to declare Baroness Ludford • No relevant interests to declare Baroness Massey of Darwen • No relevant interests to declare Lord Singh of Wimbledon • No relevant interests to declare Lord Trimble • No interests declared 43 A full list of Members’ interests can be found in the Register of Lords’ Interests: http://www.parliament.uk/ mpslords-and-offices/standards-and-interests/register-of-lords-interests/ 20 Draft Fatal Accidents Act 1976 (Remedial) Order 2020: Second Report