Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 4:

In page 11, line 8, to delete “prior to” and substitute “before”.

These are technical drafting amendments to section 6 and I ask that they be treated accordingly. Section 6 provides for a more strengthened regime for the reporting of certain deaths to the coroner. It inserts new sections 16A and 16B in the principal Act. Section 16A sets out an expanded and clarified list of the types of death which must be reported to the coroner, while section 16B sets out an expanded and clarified list of responsible persons who are required to report such a death to the coroner. Accordingly, amendment No. 4, which proposes to delete "prior to" and substitute “before” on page 11, line 8, is a technical drafting amendment. This was suggested by the Office of the Parliamentary Counsel to ensure consistency. Section 16B(3)(h), as amended, will provide that a person who had care of the deceased person immediately before his or her death is required to report the death to the coroner if it is a reportable death for the purposes of section 16A.

While amendment No. 5 may be technical, it is important. The amendment provides for an additional category of persons who are responsible under the new section 16B(3) for reporting a death to the coroner. It refers to those who were responsible for a person while he or she was in State custody or detention immediately before his or her death. It would apply, for example, to the governor of a prison.

Amendments Nos. 6 and 7 are purely technical, providing for the re-lettering of the remaining paragraphs in new section 16B(3) of the principal Act, as inserted by section 6 of the Bill. The re-lettering is needed following the insertion of the new paragraph 16B(3)(i), as discussed under amendment No. 5.