Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I indicate a proposed amendment providing for a new section to be inserted after section 61 of the principal Act covering the procedures for coroners in case stated circumstances. Subject to the advice of the Attorney General the intention would be to provide for a consultative case-stated-type process. It would allow for a coroner to apply to the High Court for directions on a point of law relating to the performance of his or her functions. Under the Act, it is proposed that the High Court would determine such an application by giving directions, making such orders as it may consider appropriate.

I want to reflect that, in common with other quasi-judicial bodies, coroners are being called upon to conduct inquests in a more adversarial and perhaps challenging environment than was heretofore the case. While coroners are not deciding the issue of adversarial litigation, they are nevertheless required to conduct an inquest in accordance with administrative law and they need to apply principles of procedural fairness. They need to comply with requirements of the European Convention of Human Rights Act. They increasingly deal with complex and sometimes challenging points of procedural law, which are raised by parties to the inquest from time to time. I merely cite an example of applications for discovery of documents to be provided to the coroner. All of these are positive for ensuring the system is adequately robust. I intend introducing a small number of amendments to the section.