Dáil debates

Wednesday, 19 September 2018

Coroners (Amendment) Bill 2018: Second Stage

 

7:45 pm

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent) | Oireachtas source

I am glad to get the opportunity to talk on this very important Bill and also to thank Deputy Clare Daly for her input and her long-standing work on this matter. The coroner services, which are operated by the local authorities, are in many instances the final verification of what happen to a family's loved one and on all occasions it is a very sad time for families. So many families have to endure and wait for this inquest which in some cases takes a very long time. I would ask that going forward these inquests be expedited. If they go on for a long time while families are getting back and starting to live without their loved one, the inquest brings it all back again maybe two or three years later. That is not good enough; inquests should happen a lot sooner.

The key provisions of the Bill include clarifying that the purpose of the inquest goes beyond establishing the medical cause of the death and establishing the circumstances in which the death took place. In the case of farm accidents or road accidents, it is very final and very sad to know how the person died medically, but it is very important to determine what caused the accident so that we could eliminate that cause or prevent a case like it ever happening again. Another key provision is strengthening the coroner's powers to summon witnesses to an inquest and to direct a witness to produce documents and evidence and to answer questions. I think that is only fair because, again, families are waiting for the truth and that is very important. In some cases, witnesses may be after travelling from very far away. When the inquest takes place they have to travel a very long distance and maybe they do not have finances. Things like that have to be taken into account and it should be possible to try to help or finance someone who is having a difficulty coming to the inquest.

Another key provision is new powers for the coroner acting under a warrant from the District Court to enter and inspect premises and to take copies or possession of documents or material relevant to the inquest. That is very important because otherwise cases and the truth will not be made available. There will be appropriate penalties for witnesses not co-operating with the inquest and I believe that is very important also.

At this juncture, I would like to thank our own coroner in Kerry, Terence Casey, who retired last year after giving more than 20 years' service to south Kerry. He did a wonderful job in tough conditions. It is always tough when we go through the real aspects of what happened. We need good people to be able to withstand what they see. We are also very lucky, in respect of farm accidents and road accidents, that we have Inspector Jim O'Brien, who operates out of Tralee and is doing a tough job brilliantly. He has vast experience and is most helpful. We respect him for his expertise and his honesty and the great work that he is doing.

There is greater clarity and transparency in the mandatory reporting of certain types of death including a detailed list of specific examples of mandatory reportable deaths. I hope that suicide is not going to be one of these mandatory reportable deaths. Suicide is such a tragic death when it happens in a family and I do not think the general public needs to know what happened in those instances, that it was suicide. Families are going through enough and are trying to retain their dignity. I think it would be very unfair on these people if it had to come out publicly that their loved one's death was caused by suicide.

It will be an offence for a responsible person not to report a mandatory reportable death to the coroner. That is very important. There is to be updating and modernising of the provisions regarding post mortem examinations to take account of forensic developments and current practice. That is very important as well because as technology has improved we need to make provisions for it.

Reflecting on the provision of Deputy Clare Daly's Private Members' Bill regarding maternal deaths, I think that is most important and should have been there before but at least we hope it is to be in place going forward. When a couple loses a baby before it is born, in mid-birth or whatever, that should not be public knowledge to anyone beyond the family. It is very tough on a couple who may be trying to have a child and loses it before it comes into the world.

I am grateful for the opportunity to speak and I support the Bill.

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