Charles Flanagan (Laois, Fine Gael) | Oireachtas source

It is important that we not read the amendment in isolation given a weakness in inserting it where Deputy Clare Daly has proposed. We acknowledge that a coroner must, under the Bill, have regard to all of the facts listed in the proposed section 17(4), must be satisfied that the death was a natural one and must be satisfied that an inquest is unnecessary. Even if all of those tests are satisfied, though, it appears that a coroner cannot decide not to hold an inquest unless a family member asks him or her in writing. For example, if the deceased woman has no identified family members or if there are no family members who contacted the coroner involved in writing, it seems in these circumstances that the coroner must hold an inquest even if there is clear evidence that the death was natural. I am concerned that Deputy Clare Daly's amendment - I accept that she may not have intended this - appears to tie the hands of the coroner who, irrespective of any other consideration, would be obliged to have an inquest unless a family member requested otherwise. Under the amendment, that request must be in writing. I would ask that this issue be reflected on. I would offer assistance in reaching a position that could gain favourable consideration across the board.