Charlie O'Connor (Dublin South West, Fianna Fail)

It is traditional on Private Members' Business to thank the Opposition for putting down the topic for debate. Tonight my thanks are even more sincere than usual because this is an important matter. I hope Deputy Rabbitte will not object when I call him my good friend and colleague in thanking him for his initiative in this regard. It also gives me an opportunity to thank his spokesperson, Deputy Costello, who, like Deputy Jim O'Keeffe, is my colleague on the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights. This is a good night for democracy because we are co-operating in a definite way. I acknowledge the Minister's courtesy in allowing me to share time with him in this important debate.

There is no doubt that this motion on the Coroners Act 1962 would stand on its own merits. This is also the story of Pierce Nowlan who was born prematurely in the Coombe Hospital on 14 October 2002. He had a medical condition which required a minor procedure and was taken to Our Lady's Hospital for Sick Children in Crumlin where he died on his second birthday on 14 October 2004. His parents, Jean and Stephen Nowlan, are in the Visitors Gallery, as is his paternal grandmother, Phyllis. I have known the Nowlan family for many years and had the privilege of working with it in the past year. This gave me a welcome opportunity to work with my colleagues and represent the issues of concern to the family.

The family's bravery is evident in the way it stepped forward to ensure its baby's case was highlighted and that the anomalies it saw in the legislation were dealt with. When I raised the matter in the Adjournment debate on 17 November, I said the Nowlan family had acted sincerely in highlighting its case through the media, for example, in an excellent interview on TV3. This helped its healing process but also helped to bring an important issue into the public domain. The family is concerned about this issue not only for its own sake but also because it wishes to help other families who find themselves in this situation.

In the Adjournment debate I acknowledged, on behalf of the Nowlan family, its contact with the Minister for Justice, Equality and Law Reform who met and corresponded with it. The Minister's co-operation helped the family achieve action. I have had a great deal of contact with the Minister during the year on this subject and acknowledge his assistance and courtesy, and that of his staff. I also acknowledge the interest the Tánaiste and Minister for Health and Children displayed in the case. She, too, met the family which was happy with the meeting.

Everyone in the community was deeply upset by Pierce's death. The family wants to highlight this and to seek justice. It wants to find out what happened on that fateful day in October 2004. I hope tonight and tomorrow we can move the case forward. The legislation might enable the Nowlan family to go to the Coroner's Court early in the new year and get the answers it wants. We all understand this is a difficult situation for the family which should be commended on what it has achieved.

The current legislation is clearly outdated and can no longer be said to equip coroners with the appropriate measures to conduct the best possible investigation into the causes of a death. The inclusion of a proposed coroners Bill in the Government's legislative programme indicates a welcome commitment to reform.

Considerable work has been done in recent years in reviewing the coroner service and bringing forward proposals for reform. The coroners review group published an excellent report in 2000 which was followed in 2003 by the report of the rules committee. The coroners review group recommended a comprehensive overhaul and modernisation of the coroner service. Ireland is not alone among common law jurisdictions in engaging in reform of the coroner service. In the United Kingdom the coroner service review of 2003 recommended significant structural changes to the coroner service in England, Wales and Northern Ireland.

The judgments of the European Court of Human Rights have a bearing on the work of coroners and exert a significant influence on our legislative process. In recent years the court has made several important decisions in such cases. Our law must be updated to take account of the likely effect of its decisions.

The critical feature of Deputy Rabbitte's welcome Bill is that it seeks to abolish the outdated restriction that a coroner can call only two medical witnesses to give evidence at an inquest. It is not clear why this restriction was introduced in the 1962 Act. There is no indication in the Official Report at the time as to the thinking behind the provision. There was no restriction on the number of witnesses at an inquest contained in the 1927 Coroners Act which was replaced by the 1962 Act. I do not believe anyone can support the retention of this restriction, given its negative impact on the conduct of inquests by coroners. Many coroners have called for its swift ending.

The Bill also includes proposals for increased penalties for reluctant witnesses or jurors, which I welcome. The Minister for Justice, Equality and Law Reform has indicated he will table amendments to ensure these penalties have sufficient strength. I welcome the Minister's contention that we hold off for now in providing for new powers for a coroner to compel attendance, co-operation and the production of documents at an inquest. The Minister has stated to the House that his preference is for a comprehensive reform of the law relating to coroners. Such a proposal is contained in the Government's legislative programme. All Members will welcome these proposals which the Minister hopes to have agreed by the Government.

I am pleased the Government has supported the Labour Party's Bill in a genuine spirit of co-operation. If these proposals can be enacted swiftly by the Oireachtas, they will provide coroners with the means by which they can conduct and conclude many inquests, some of which may have been adjourned for significant periods. If these proposals become law, a coroner can use them to call new witnesses to adjourned inquests. I expect the medical profession will co-operate with coroners under the proposed new dispensation. I would not expect to see any reluctance on the part of doctors in attending inquests. Modern medical treatments, particularly in emergencies, are complex and will require adequate explanation to the family of the deceased and society at large. This is important as we need to be aware and to remedy any difficulties which may lead to further threats to public health and safety.

Initiatives to reform and modernise the coroner system are under way in other common law jurisdictions. In New Zealand and the United Kingdom, current proposals are directed at comprehensive rather than partial reform. Ireland is in a position to learn from these experiences in other countries. The aim of the reform should be to put more logical and coherent shape to the coroner service. Foremost among the issues, which I am glad the Minister will address in the forthcoming Bill, is that of the scope of a coroner's inquiry. The coroner review group considered this issue, recommending an extension of a corner's remit to establish the surrounding circumstances of death, including the medical causes of death.

We need to make a positive statement on the role of a coroner in inquiring into certain deaths. There is a requirement for greater clarity of the nature of the death by the coroner. Not all investigations into death by a coroner necessarily lead to inquests. The new legislation will also set out the procedures for the conduct of inquests by the coroner. There is a requirement for more explicit provisions to deal with those situations concerning deaths in custody or children in care where the State or its institutions had an involvement.

The coroner review group was concerned with the need to ensure a high quality coroner service with proper resources and supports available to it. The group recommended an evolution to a regionalised structure where there would be fewer than the current 48 districts. If such a change is to come about, I expect the emphasis will be on full-time rather than the current situation of part-time coroners. The Minister is working hard to bring forward his proposals for a comprehensive reform of the coroners legislation. I expect the proposals made by Deputy Rabbitte will be factored into this process.

The need for legislation in this area is obvious. While he has been working hard in the area, I am sure the Minister for Justice, Equality and Law Reform will not mind if I give credit to Jean and Stephen Nowlan and their family for their efforts in persuading the Government to change the legislation. It is always easy for a Government backbencher to patronise a Minister but in this case, the Minister has been particularly responsive. While I know the Nowlan family were anxious for action on coroners legislation, they have acknowledged the Minister's co-operation in this regard.

No one could but be affected by the death of Pierce Nowlan. I hope his family will see its campaign bear fruit when this legislation is enacted, particularly at a time of the year when his death must be more sensitive than usual. We must commend the brave way it engaged with the system, rather than sitting at home corresponding with it. It believed it was important it challenged the system, doing an enormous service to the wider community. I hope the plans for the amendment to the legislation will be a tribute to the Nowlan family. To step out into the public limelight is not an easy task, particularly for a grieving family. The family has often shared with me the genuine upset it feels. My eldest son is a long-time friend of the Nowlan family and he was deeply affected by what happened. It is important to highlight the positive aspects of what the family has achieved.

I hope the legislation will also be a lasting memorial to Pierce Nowlan. It would be important for his family and the wider community who supported it. It cannot be forgotten that a little boy died on his second birthday. I am happy the members of the Nowlan family are in the Visitors Gallery to see the co-operation between the parties on this legislation. I am not being flippant when I say I believe the Nowlans should write a little book on how to get political parties to co-operate in the Dáil, an unusual occurrence. It highlights the importance of the issue and the positive way we have all responded to the family's plight. While one expects some politics to fly around Private Members' Business, I am glad we have been able to park it, at least temporarily, and deal with important business. I support the Bill and look forward to its enactment. I congratulate the Minister on his efforts in that regard.

See this speech in context