Dáil debates

Tuesday, 13 December 2005

Coroners (Amendment) Bill 2005: Second Stage.

 

8:00 pm

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)

I welcome the opportunity to say a few words on this important legislation. I understand from Deputy Rabbitte that it came about as a result of the tragic circumstances of the Nowlan child and that the purpose of the Bill is to try to rectify some of the anomalies which arose in that case.

Few issues have caused as much controversy in my constituency of Cavan-Monaghan as the inquest into the death of Frances Sheridan in Cootehill. The parents of this young girl had hoped for some closure as a result of the inquest but, unfortunately, the outcome raised more questions than it answered. The Sheridan case demonstrated the necessity to improve the 1962 legislation, not only through this Bill but also by carrying out a more extensive overhaul of the Coroners Act.

I seek guidance on who selects inquest juries. Is a panel in place and, if so, how many members sit on it? Does anyone have a right to object to any member appointed to an inquest jury? Although this is the case with all other juries, this rule does not appear to apply to inquest juries. Are public representatives, for example, or those with a connection to the case automatically debarred from serving on an inquest jury? Has a ruling been made in this matter? These questions have arisen because of the extraordinary circumstances which arose when advice given to a jury appeared to have been ignored. What surprised most observers of the complex case in question was that the jury reached a unanimous decision within minutes.

I welcome the efforts of the Labour Party in bringing the Bill before the House and the Minister's decision to accept it in principle. As I noted during a debate on another Bill a few nights ago, it is the right and privilege of the Minister to make amendments should they be necessary. On the other hand, it is important to achieve cross-party agreement to address expeditiously this delicate matter.

The general public expects the House to respond to circumstances as they arise. Many people in County Cavan will observe the progress of this legislation to determine how matters could be improved for other families which experience a loss similar to that experienced by the Sheridan family. It is difficult enough for families such as the Nowlans or Sheridans to lose a loved one, particularly at an early age, but the workings of the legal system cause them further problems. The Coroner's Court, as with all other courts, must not only dispense justice but be seen to do so in every respect. No individual ever wishes to do other than what is right, but whenever files are mislaid, as happened in the Sheridan case, and general practitioners' letters are not properly adhered to, there are serious doubts in the family's mind as to how the system works. The judge suggested a decision of death by misadventure should be made, but the verdict handed down by the jury was one of death by natural causes. The judge also suggested recommendations should be made on how matters should be dealt with in the future, but no such recommendations were forthcoming. One can see that, while there is not a direct link with the case with which we are dealing, my reason for raising this issue, radical reform of the whole system is required. There needs to be a clear indication in order that people can understand how the system works. I have nothing against any individual who serves on a jury — he or she does it for free and in his or her own time — but if there is any connection otherwise, it should be stated. There should be no doubt afterwards that the situation is clear and above board.

I commend the Labour Party for introducing this legislation. I sympathise with the Nowlan family on what it has gone through. I do not know its members personally, although I do know the members of the Sheridan family extremely well and I am aware of what they have been through. I know of other families in this situation also. In my own case, I had to wait three weeks for an inquest in England to allow my brother's remains to be buried. At least we have a better system here. Let us improve the legal system, as well as the coroner service.

Comments

No comments

Log in or join to post a public comment.