Seán Sherlock (Cork East, Labour) | Oireachtas source

I thank the Chairman. I am in Leinster House. I join others in welcoming the Minister to the committee. I will read briefly from the Minister's opening statement:

Careful attention is being paid in drafting to the specific relationship between the coroner and the agency to make sure that investigative obligations which currently lie with the coronial service are not undermined. The position is that nothing in the legislation should preclude further investigation if that is warranted.

The Minister will hear very clearly from members the doubts and worries that are being expressed with regard to the disapplying of the powers of the coroner. We all know that a person of no less standing than Professor Phil Scraton submitted to the committee, which I am sure the Minister heard. When talking about the legislation, Professor Scraton said:

... its enactment would disapply existing powers of the coroner in whatever locations and in respect of all deaths over which a new agency is given jurisdiction. The Bill implies that families of infants and mothers who died in institutional custody will be compelled to make a choice between exhumation and identification of their relative's remains followed by reinterment ... [or] the coroner retaining the power to hold an inquest to confirm the deceased's identity, approximately when ... [they] died, where ... [they] died and, most important, how ... [they] died.

I put it to the Minister that he has not adequately addressed thus far the proposal to disapply the power of the coroner. I remain very doubtful about this piece of legislation at present on the basis that witness after expert witness, from the Irish Council for Civil Liberties to Professor Scraton, have all expressed their deep concern about the disapplication of that power. I do not care if this is a misuse of that word. I do not believe the Minister has adequately addressed the elephant in the room today. I would love to hear his view on that first point.