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 Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

The Minister has overly complicated the consultation issue in a manner that is not necessary. The element that we removed, and which can easily be put back in, referred only to instances where the family would be consulted before any decision on not proceeding was taken. However, that removal has to be seen in the context of what we are including, that being, a requirement that the inquest can only not go ahead if the family initiate that decision and write to the coroner. There is no question of the family's wishes being diluted by our proposition in its entirety. We are reflecting fully the family's wishes. However, I accept that, prior to the family making that decision, it would be better if the family had a chat with the coroner and aired those views in an holistic way. That is not a big deal and can be added to the Bill later by the Minister. It is not that we are taking out a family's right to consultation or involvement. Rather, the purpose of the amendment in its entirety is to put the family's wishes centre stage.

All of this comes back to our point that the coroner already has discretion under this legislation. We are making it mandatory. This is a tiny exception that we do not want to be blown apart, putting us back to where we were in the beginning. I just wanted to clarify the point.

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