Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 12:

In page 17, between lines 31 and 32, to insert the following:"(4) Where, under section 33, 33A or 33C, a coroner directs that a post-mortem examination of the body of a deceased person be made, the coroner may direct—

(a) a person in charge of a hospital, or other health institution, in which the deceased person received treatment immediately before his or her death, or

(b) a medical practitioner who has possession or control of medical records relating to the deceased,

to give to the registered medical practitioner making the examination, within such period as may be specified in the direction, such medical records relating to the deceased person as are, in the opinion of the coroner, necessary to enable a proper examination of the body to be made.

(5) A registered medical practitioner to whom medical records are given pursuant to a direction of a coroner under subsection (4) shall return those records to the hospital or other health institution or the medical practitioner, as the case may be, from whom they were received, as soon as practicable after the post-mortem examination of the body of the deceased person concerned has been made or, as may be appropriate, an inquest in relation to the death of that person has been held.

(6) A direction given by a coroner under subsection (4) shall be given in writing or, if given orally, it shall be confirmed in writing as soon as practicable.".

This amendment deals with the production of appropriate medical records of the deceased person for the purpose of a post-mortem examination. The new provisions provide that where a coroner has directed a post-mortem examination into a death, he or she may also direct the head of the hospital where the deceased person was treated immediately before the death, or a doctor who has medical records of the deceased, to provide the pathologist conducting the post-mortem examination with such records as the coroner considers necessary to enable a proper examination to be made.

The amendment is considered necessary to enable the coroner to carry out his or her statutory functions effectively and to ensure the fullest possible transparency in regard to the investigation of unnatural deaths or where the cause of death may be unclear. It is expected that such records would be provided on a voluntary basis on request by hospitals or other health institutions. However, difficulties have arisen in the past in certain cases where the coroner had considerable difficulties in obtaining appropriate records over a sustained period. It is particularly critical that relevant medical records of the deceased be provided in a prompt and timely manner. The window for conducting the most effective post-mortem examination is short, optimally often within 24 hours of the death. This provision is intended to make it clear that the coroner has the power to compel the production in case of difficulty.

Some of the finer points of this amendment are still being teased out with the Parliamentary Counsel. I intend to propose further amendments of the provision in question on Report Stage, particularly regarding appropriate enforcement provisions. We are considering in this regard what enforcement provisions would be most effective, having regard to the urgency that will obtain in the circumstances in question. I propose the acceptance of this amendment but with a commitment to consider adequate provisions in respect of enforcement. Possibilities might include, in addition to an offence, a power for the coroner to apply ex parteto the High Court should records not be forthcoming in a prompt and timely manner. I am happy to hear the views of members of the committee but I accept that while the amendment is important, we need to examine the matter of enforcement.