Oireachtas Joint and Select Committees

Tuesday, 31 May 2022

Joint Oireachtas Committee on Justice, Defence and Equality

Operation of the Coroner Service: Discussion

Mr. Roger Murray:

I briefly wish to return to a point Deputy Kenny raised on verdicts. It is important for the committee to be aware that currently there is no statutory definition of what a verdict is. There is no list of available verdicts. They have arisen by custom and practice. The rules come in and are there in draft form, and have been for the past two decades. The model in England and Wales is available, whereby there is a menu in terms of the potential verdicts available and what the criteria and thresholds are. It is correct, as Ms O’Mahony said, that the threshold for a particular verdict in front of one coroner will vary considerably from district to district. If we had uniformity of approach and objective criteria on whether one meets the threshold for medical accident or for medical misadventure or whether it is a narrative situation, it would provide enormous clarity to families and would certainly help the legal advisers. It is important to counsel families before they go in to temper their expectations. There is no outcome that will give them vindication. The only outcome is one where there has been a complete and thorough investigation of all of the facts. The recommendations and the learning that arise are of much more significance to them.

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