Dr. Brian Farrell:

Obviously, I accept that there are deficiencies in the system. That is different from stating that the system has failed. As I said, we have quite a positive reaction from the public overall. More needs to be done; we need the new Act and we need coroners' rules. We actually produced draft coroners' rules in 2002, which were published but have never been taken up in statutory instrument form.

Within the context of the existing law, we have made a lot of practical and procedural changes to try to meet the jurisprudence of the European Court of Human Rights. Our investigation is independent. It is not always as prompt as we would like, but there are issues that would hold back the promptness. There may be criminal inquiries, matters may go to the criminal courts, etc.

We have compellability and we involve the next of kin as best we can in our investigations and inquests. Legal aid has been provided. We have put in pre-inquest hearings so that submissions may be made by the families or by their legal representatives. Those submissions have to be considered by the coroner who must give reasons for his or her decisions. We provide witness lists and the pre-release of documents is now common or even standard at all inquests, not just at Article 2-compliant inquests. When I was appointed in the early 1990s, documents were not released at all. We now have a situation whereby in most cases, especially where they are requested, documents will be made available.

In respect of the scope of the circumstances of the death, we are looking at the jurisprudence of the Supreme Court and we have a provision for expert evidence to be made available to the inquest. We vet the jury and, in any European so-called Article 2 inquest, we would empanel the jury, or GSOC might empanel where the Garda Síochána might assist us in serving the summonses. We grant adjournments and we have provision in practice for narrative verdicts addressing issues and concerns. We have the discretion to bring in riders and recommendations which would be addressed to the appropriate authorities. I am glad to say that we get responses increasingly expeditiously from public authorities to recommendations we have made. There has been movement on the ground. However, we need the new Act and coroners' rules as well.

I have not answered the Co-Chairman's questions, I am sorry. I am just commenting.