Simon Harris (Wicklow, Fine Gael) | Oireachtas source

On behalf of the Minister for Justice and Equality, Deputy Fitzgerald, who regrets that she is unable to attend this debate, I thank Deputy Clare Daly for bringing forward this Bill, which raises very important issues. Like the Deputy, I note the presence in the Gallery today of several people who have lost those very close to them in tragic circumstances. The Minister asked me, in particular, to express her deepest sympathy to them and the other families bereaved by maternal death for the dreadful loss that they and their children have experienced. At the outset, I confirm that the Government intends not to oppose the Coroners Bill 2015, as the Minister very much appreciates the intention behind it. The Government will be bringing forward substantial amendments on Committee Stage and I will explain why that has to be the case.

Deputy Clare Daly's Bill has two distinct elements. It contains a small number of provisions that would introduce mandatory post mortems and inquest into any maternal death. Under the Bill, this would include any woman who dies during pregnancy or within six weeks after delivery and who, at the time of her death, is receiving inpatient or outpatient care at a hospital, maternity unit or birth facility or has been discharged from one within the previous six weeks. The Bill also contains a very large number of provisions on the entire coroner system, which, in effect, reproduce the whole of the Coroners Bill 2007. The latter was presented to the Seanad on 20 April 2007 and completed Second Stage on 4 October 2007. It was subsequently restored to the Order Paper by this Government.

I do not propose to enter into a section-by-section discussion of the Bill before us. I would prefer to focus on the key issue of maternal death but I must also briefly address the overall framework for the coroner system proposed in the 2007 Bill, as the Deputy has effectively incorporated that into her Private Members' Bill. The Coroners Bill 2007 proposed a major overhaul and restructuring of the entire coroner system. For example, the current fragmented system, of some 40 different coroner districts under the responsibility of local authorities, was to be replaced. Responsibility for coroners would be transferred to the Minister for Justice and Equality, with a new post of chief coroner and a new central coroner service to provide enhanced support to coroners and to liaise with bereaved families.

Inevitably, in light of the major challenges confronting public finances, the 2007 Bill was then postponed for some years, although this Government has retained it on the Order Paper. The Minister is extremely conscious of the importance of the coroner system, and as she has indicated in replies to parliamentary questions over the last year, she already directed her Department to undertake a comprehensive review of the 2007 Bill. The aims of the Minister's review are to identify how best to deliver an integrated, reformed structure that will support coroners more effectively, within the Government's current financial possibilities; to bring the 2007 Bill up to date for legal and forensic developments, particularly to ensure full compatibility with the European Convention on Human Rights; and to put in place improved support to ensure that bereaved families receive a prompt, responsive and effective service, recognising that coroners already strive to do so within the constraints of the existing administrative framework. That review is making good progress and will continue its work into early 2016. It is absolutely clear that the 2007 Bill, and, therefore, the overall content of the Deputy's Bill, is fundamentally outdated. The Government intends, therefore, to propose extensive amendments to the Private Member's Bill on Committee Stage, to ensure that any reforms will be addressed within the detailed review that is being prepared for the Minister, because that is the best way to ensure they are effective and properly resourced.

I turn now to the principal concern of Deputy Daly in presenting the Bill, namely, to introduce a new requirement for mandatory post mortems and inquests into maternal deaths. The Minister is very sympathetic to the concerns which motivate this Bill. Every maternal death is a tragedy and, as those present here today observing our debate remind us, one with which the bereaved family must go on living. Maternal deaths tend to be complex events. It is often difficult to identify and collect quickly all the key facts, both for the bereaved family and, sometimes, for the health professionals, particularly if the mother has been transferred between hospitals in emergency circumstances. The Minister is strongly of the view that bereaved families in this situation are entitled to a prompt, transparent and sensitive response to their questions and concerns.

The Coroners Bill 2007 already proposed a legal requirement to report any maternal death to a coroner. The Minister intends to keep that proposal but she considers that there are strong arguments for examining whether an inquest should be legally required in cases of maternal deaths as defined by this Bill. Every maternal death would thus be recognised as a serious incident. A full, accurate and impartial account of the circumstances leading to the death would be given in public and would be available to the bereaved family. Mandatory inquests could help to ensure that lessons can be learned from these very tragic cases, with a view to helping maternal healthcare facilities reduce the risk of other such deaths occurring. There are, however, also some concerns that would need to be considered. One important concern is that not every maternal death raises issues requiring further investigation and in those cases, the bereaved families might be exposed to additional grief and distress if an inquest were compulsory despite their wishes. However, the Minister wishes this question to be fully examined and is sympathetic to the objectives of the Bill in this respect. This question is already being looked at within her Department's review and she wants to consider this issue further.

The Private Member's Bill could benefit from considerable amendments to ensure that it is legally valid and an appropriate instrument to ensure that the coroners system can provide the best possible, high-quality public service. I think Deputy Clare Daly might be open to that. The question of mandatory inquests for maternal deaths is a complex issue and the Minister would like to give it in-depth and thorough consideration, in consultation with the Minister for Health and other stakeholders. I assure Deputies that the Minister will carefully reflect on today's contributions and the points made as she undertakes that consideration. In conclusion, and on behalf of the Minister for Justice and Equality, I thank Deputy Clare Daly again for bringing this Bill forward, particularly as the motivation behind it is well-intentioned and commendable.

I want again to acknowledge the deeply difficult and distressing issues which are raised for those who have lost their loved ones through maternal deaths. The Minister will continue with the review she has instructed her Department to undertake. It will continue into early 2016. The Minister does not intend to oppose this Bill.

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