Oireachtas Joint and Select Committees

Wednesday, 12 December 2018

Select Committee on Justice and Equality

Coroners (Amendment) Bill 2018: Committee Stage

10:40 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I wish to add a further comment before the Minister responds. I appreciate the difference in the two positions. The amendment proposed by Deputies Clare Daly and Wallace states, "At the request in writing of a family member of the woman concerned, a coroner may decide not to hold an inquest". There still is a degree of determination on the part of the coroner who "may decide not to hold an inquest" or who could proceed to hold the inquest. I have followed the issue of maternal deaths and the need for mandatory inquests and this moves it positively towards the mandatory position. The wording of the Bill leaves a degree of flexibility and independent action on the part of the coroner. Like Deputy Clare Daly, we would all be of the view that this, please God, will be very rarely employed, and it would be preferable that it would not have to be employed at all. Where it does present there is consultation with a family member, but when one looks at the definitions in that regard there might not be a representative view that is a unanimous view of all concerned. According to what is stated on page 6 of the Bill, the coroner could speak to "a parent, grandparent, child, brother, sister, nephew, niece, uncle or aunt, whether of the whole blood, of the half blood or by affinity, of the person". That is very wide; it is not specific. One could have a consultation and in that situation many others might feel that their views were not properly reflected. In the other situation, at the request in writing of a family member not to hold an inquest the coroner may decide and could proceed to hold an inquest. On balance, given the history of this and the genesis of the thinking behind it, amendment No. 8 is the more appropriate reflection of public thinking on this issue at this time.

I think amendment No. 8 is a more appropriate reflection of public thinking on this issue. I just offer that further observation and invite the Minister to respond to our collective views.

Comments

No comments

Log in or join to post a public comment.