Charles Flanagan (Laois, Fine Gael) | Oireachtas source

It is intended to bring forward an amendment on Report Stage to ensure the best and most effective approach to post mortem examinations. It would propose enhanced provisions, for example, on the conduct of post mortem examinations by registered medical practitioners and on the powers to remove and retain human tissue and other material during a post mortem examination. The provision may include a power for the Minister, in conjunction with the Minister for Health, to set out by regulation a code of practice for post mortem examinations. We do not have such a statutory code currently. I am also examine a provision for a new power allowing the coroner to request the Minister to order the exhumation of a body in the rare circumstances where the body has been buried but the coroner may be satisfied that further post mortem examination is required, and that such an exhumation is, in the circumstances, justified. There will be a provision for a defence post mortem. These are rare situations but may arise where a person is accused or is likely to be charged with criminal involvement in the death of a person very soon after the death. In such a situation the High Court has confirmed that the accused is entitled to request an independent post mortem examination of the body of the deceased in addition to the examination already carried out by the State pathologist's office. This independent defence post mortem differs necessarily in some important respects from a coroner's post mortem. For example, it is facilitated but not directed by the coroner. It is important that a statutory provision for the defence post mortem would provide more clarity for everybody concerned. I acknowledge that it is a complex area but it would enable provision, for example, for the appropriate balancing of the rights of the accused person and the family of the deceased. Defence post mortems can be distressing for the family of the deceased and any delay in this regard should be kept to an absolute minimum.