Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I join with Deputy O'Loughlin in thanking Deputy Clare Daly, who I know had her own Bill covering mandatory inquests for maternal deaths. I believe in many ways that her work has forced this onto the Government's agenda. I hope that Deputy Clare Daly is happy with this legislation and that the families who have suffered with regard to maternal death are happy with it too. We in Sinn Féin believe it is incredibly important that the remit of inquests is extended to look beyond the medical cause and into the circumstances leading to the death. Issues relating to deaths can be tragic and it is vital that a coroner can look at these matters holistically if the situation necessitates it. I am glad that this Bill will eventually extend the powers of the coroner when requesting witnesses and evidence and allow for questioning if required. I feel that the powers this Bill gives to the coroners are proportionate to the job they have to do, especially in cases where a thorough investigation is needed, such as in the case of a violent death or medical misadventure. In such cases, as we have seen many times before, such as in the cases of maternal deaths and others, coroners' powers have proven to be ineffective in investigations. This Bill seeks to gives the coroner powers of warrant, of search and seizure of documents, and also penalises those who refuse to co-operate with inquests. I am glad to see that mandatory reporting to the coroner will be extended where cause of death is unknown and if deaths are somewhat suspicious or unnatural, such as where a death has occurred in a violent or unnatural manner or by unfair means, by misadventure, or in other areas.

As stated at the outset, this Bill responds to Deputy Daly's Bill introducing mandatory inquests in all cases of maternal death or late maternal deaths, and extends legal aid to family members of the deceased. As it currently stands, maternal deaths are treated as deaths which must as a rule or practice be reported to the coroner. However, inquests are not automatically granted in these cases. Between 2007 and 2013, eight inquests were held following maternal deaths.

All eight cases resulted in rulings of medical misadventure. It is the duty of the State to investigate deaths that take place in suspicious circumstances or in circumstances that leave them open to question. Too many families in this State have been left facing the wall of bureaucracy on their own without any supports. However, if we are to correct the situation and ensure there are mandatory inquests, then we must also address the failures which lead to the need for inquests. For instance, Ireland has the lowest number of consultant obstetricians per 100,000 women in the OECD. That is one consultant obstetrician for every 597 births per annum. To illustrate how poor the service we provide to women is, the comparable rate in Scotland is one obstetrician for every 268 births.

The shortcomings in maternity services are numerous and have directly led to heart-rending incidents involving mothers and children, including in some cases tragic death. As legislators, we must acknowledge that while it is right to ensure there are mandatory inquests in the event of maternal deaths, we must also act on the national maternity strategy and other relevant measures. The national maternity strategy has no statutory underpinning and huge swathes of it have not been implemented. We must also address the issues while ensuring there are mandatory maternal death inquests. However, it is unfortunate that the Bill does not appear to facilitate what has become known as Jake’s amendment. That would bring about a change in coroner legislation that my colleague Senator Pádraig Mac Lochlainn has been advocating for many years. In 2013, 14 year old Jake McGill Lynch was prescribed the antidepressant, Prozac. He ended his life using a firearm. Jake was diagnosed with Asperger's syndrome, and was given the antidepressant drug despite research stating that the drug has no benefit for children with Asperger's and despite the emerging evidence of harm. The coroner in Jake's case rejected a suicide verdict. That was due to an email that Jake wrote 24 hours before he took his own life. When writing to a friend he conveyed his concerns about the medication he was taking, and said that he was feeling worse because of it. The Bill Senator Mac Lochlainn introduced some years ago proposed to amend the Coroners Act in order that it would be possible to return a verdict of iatrogenic suicide, which is essentially suicide brought on by side effects of prescribed medication. Despite many assurances to Jake's family from Ministers for Justice and Equality, the Bill does not cater for the measures they wish to see included. Sinn Féin will submit an amendment on Committee Stage to introduce the measure.

That will not be the only way in which we will seek to strengthen this legislation. I am sure many will agree with us that we should include a provision to provide a statutory basis for a coroner to inquire into a stillbirth where there is cause for concern, for example, arising from matters raised by the bereaved parents. We also believe it is essential that this legislation provides for the Minister to make regulations on the proper storage and disposal of any material removed for the purposes of a post-mortem examination, including return to a family member for disposal where requested and appropriate, and to provide power for the coroner to direct a hospital or other health institution to make medical records of the deceased person available for the purposes of a post-mortem examination. Those are just a number of areas in which we will seek to be constructive and to strengthen the legislation.

I ask the Minister to look at an issue before Committee Stage to see if there is scope for it in this Bill. While it might be the case there is not, we wish to have the issue examined. I refer to a situation whereby the family of missing persons would be allowed to deal with any immediate financial issues for missing persons, and to allow a family to apply for a declaration of presumed death to a coroner or the Circuit Court. That is a very sensitive issue. My colleague, Deputy Pearse Doherty, introduced a Bill in the Dáil entitled the Civil Law (Missing Persons) Bill. The Bill aims to provide for the effects in civil law of persons who are missing, including arrangements for interim management of a missing person's property, and to provide for the civil status of a missing person where the circumstances of his or her absence leads to a presumption of death. I may correspond with the Minister in writing on the issue to ascertain if it will be possible for such a measure to be included in the Bill.

Overall, Sinn Féin supports the aims and objectives of the Bill. I again thank the many Deputies who in one way or another have been raising issues concerning inquests into deaths in the State for many years. This legislation is the result of their tireless pursuit of justice on behalf of many bereaved families.

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