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 Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

Without repeating the points raised earlier, under section 17(4) there will still be a provision for the coroner to take account of any written views that may be submitted by the family. While that section does not provide for an obligation on the part of the coroner to consult with family, this is provided for in section 17(3), which Deputy Clare Daly proposes to replace. That could be problematic. I would ask the Deputy to reflect between now and Report Stage on how we might best meet the concern as adverted to by the Chair. I do not think there is much between us in terms of what we wish to see enshrined in our legislation but I do not want to be accepting amendments that will have unintended consequences. There are a number of drafting issues to which I made reference earlier.

Reference has been made by Deputies to a number of deaths, some of which took place many years ago. I want to acknowledge that coroners are very well aware of issues and of the significance of maternal deaths. They are well minded to hold inquests in such cases. Coroners experience regular briefings on the latest research and development. They have a technical understanding of issues to hand that may be developing in accordance with updated and modern research. We can expect that to continue to intensify further as this legislation is passed. I ask Deputy Clare Daly not to press the amendment but to see how we can reflect over the course of the Christmas vacation on reaching a meeting of minds. I must acknowledge the independent legal role of coroners in our public service. Coroners are not directly connected with any matters of substance that may appear to be the subject matter of decision.

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