Oireachtas Joint and Select Committees

Wednesday, 10 June 2015

Joint Oireachtas Committee on Public Service Oversight and Petitions

Ireland's Compliance with Article 2 of the European Convention on Human Rights: Discussion

9:30 am

Mr. Mark Kelly:

Of the top three, the first would be to bring forward the legislation. It is clear that it is required. I am keen to make clear our view that Dr. Farrell at the least is doing everything he can possibly do within the framework of the current legislation. The current legislation constrains him and there is no imputation of any sort in anything else that we might have said. The first point is to bring forward the legislation.

The second matter is the question of the provision of information to families and next of kin, specifically during investigations by An Garda Síochána. That needs to be looked at and systemised. To come back to my response to Deputy Mulherin, in itself that measure could avoid a great deal of stress and anxiety.

The third thing is that some positive action has been taken by the Director of Public Prosecutions to look at the giving of reasons in cases in which there is a decision not to bring forward a prosecution in respect of a suspicious death. That is a positive practice. The potential to expand the giving of reasons and expand, perhaps, the quality of the reasons given is something that might be looked at. That experiment has been running now for some time. Again, one might look to the United Kingdom experience where that is concerned.

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