Oireachtas Joint and Select Committees

Tuesday, 31 May 2022

Joint Oireachtas Committee on Justice, Defence and Equality

Operation of the Coroner Service: Discussion

Ms Doireann Ansbro:

I will comment on costs and juries. On costs, what we found in our report was that one of the crucial things missing in this context, and this aspect goes back to the 2000 report as well, as I mentioned in the opening statement, was information for families and the attitude of the people involved in the coronial service to families. Providing information should not cost that much. This is about the people engaging with the families, giving them information at every step of the process. It is about explaining at the outset what the coronial system does and what the family members can expect from a post mortem. In those 10% of cases where they happen, and it may only be 10% but nevertheless I agree with Mr. Murray on this point, inquests are vital for the service provided to families and to society at large. I refer to providing information concerning what is going to happen initially and what may happen afterwards. This kind of approach could radically change a family's experience of the service and without costing that much. It is the same situation with attitudes. I am delighted to hear Professor Cusack talk about a service that is founded on compassion and humanity. Unfortunately, however, our report, and the interviews done with family members, showed many families did not experience compassion. I emphasise again that everyone who interacts with families should have that attitude of compassion and humanity, whether those are members of An Garda Síochána, the members of the future support service, which I am sure we are going to find resources to fund, and, of course, the coroners themselves. Everyone involved in this process should bring that attitude of compassion and humanity to bear, and that can greatly change the experience of families while not costing much at all.

Turning to the points made about juries, I must respond because it is of great concern to the ICCL that our right to a jury seems to be continuing to be eroded. We are fundamentally committed to the constitutional right to a jury across the courts, but also in contested inquests. This is because we consider it not only a fundamental right in our Constitution but also that a jury can add significantly to the perception of justice and bring the changing attitudes of society into a process such as the current coronial one. Equally, a jury reflects the changing make-up and diversity of our communities when such important decisions are being made. This aspect brings me to the jury selection issue, which is fundamental. It is a burning issue now for the Stardust inquiries. We need to get this facet sorted out.

We can resolve it very quickly, as Senator Boylan has done with her Private Members' Bill. I believe the Government is committed to it as well, so I urge the Government to make that a priority. As we have heard, not only are gardaí potentially just going to the local community and asking people to participate, but we also heard about families seeing advertisements on Facebook from the Garda looking for jury members. It is an absolutely unprofessional approach at present so we must change it, and we can change it urgently.

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