Tim O'Malley (Limerick East, Progressive Democrats)

I am taking this matter on behalf of my colleague, the Tánaiste and Minister for Health and Children, Deputy Harney. I take this opportunity to express my deep condolences to the Sheridan family on the tragic loss of their daughter, Frances. In February 2004, Frances died after being discharged from the accident and emergency department of Cavan General Hospital. Last December, an inquest was held into Frances's death, presided over by the acting coroner for County Cavan. Following the hearing of the inquest, the jury returned a verdict of death by natural causes.

In January, solicitors representing the Sheridan family wrote to the Attorney General requesting that the Attorney General direct a fresh inquest pursuant to his statutory power under the Coroners Act 1962. I understand that the acting coroner also wrote to the Office of the Attorney General with comments on this request.

In April, the Attorney General advised the acting coroner that, in his opinion, it was advisable to hold a new inquest and, accordingly, pursuant to his powers under the Coroners Act 1962, he directed that the acting coroner hold the inquest. The acting coroner advised the State Claims Agency that a new inquest was to take place and that it was proposed to hold the new inquest on 31 May 2006.

It is important to advise the House of the role of the State Claims Agency in regard to matters such as these. Under the National Treasury Management Agency (Delegation of Functions) Order 2003, the management of claims alleging clinical negligence against the Health Service Executive was delegated to the State Claims Agency. As part of the overall management of clinical negligence claims, the State Claims Agency also provides legal representation at coroners' inquests for the HSE and individual practitioners employed by the executive. On learning of the intention to hold a new inquest, the HSE's solicitors wrote to the acting coroner indicating the HSE's concern as to whether it was appropriate that she should conduct the new inquest.

At no stage was it suggested that there is or might be any actual bias on the part of the acting coroner. Rather, the concern was that there would be a reasonable apprehension, in the light of the acting coroner's previous involvement in the case, that she might be biased. It was suggested that, in the circumstances, the most appropriate course was for the acting coroner to allow the new inquest to be conducted by an alternative coroner. The acting coroner declined the suggestion and confirmed her intention to open the inquest on 31 May.

Last Monday, the acting coroner informed the Sheridan family that the inquest would not go ahead on Wednesday, 31 May but instead would hear legal submissions only. This was communicated to the HSE and the State Claims Agency last Tuesday. I am advised that neither the HSE nor the State Claims Agency sought to obstruct the inquest or make any attempt to prevent it. The HSE and the agency fully accept the Attorney General's decision to direct a fresh inquest.

See this speech in context