Dáil debates

Wednesday, 19 September 2018

Coroners (Amendment) Bill 2018: Second Stage

 

7:45 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent) | Oireachtas source

Ar an gcéad dul síos, ba mhaith liom buíochas a ghabháil le Teachta Clare Daly. I thank Deputy Daly, although she said she did not want any thanks, and her team and the other people she mentioned as well. It is not only this piece of legislation; Deputy Daly has championed many a piece of legislation since coming in here. I worked on one or two of them. We can differ on many issues but she is tenacious and she will fight the battle to have these very sensitive and delicate issues sorted out. I want to support her on that.

The principal changes proposed in the Bill include new categories of deaths that must be reported to a coroner.

These include maternal deaths and the deaths of children during birth or in the year afterwards. It is such a sensitive, delicate and emotional time. One can never understand such a tragic loss unless one is involved. We cannot walk in those people's shoes so it is timely that we make necessary changes in a sensitive manner.

It concerns deaths of children during birth or in the year afterwards subject to limited exceptions. These exceptions are very important. The powers of the coroner to investigate not just the approximate cause of death but also the surrounding circumstances are very important. I salute coroners for the job they do, which is not an easy one. I also salute jurors who turn up. Normally the same people turn up. However, I have issues and campaigned in the last Dáil with some siblings whose loved ones died, mainly by suicide. In respect of the media having to be present, I know it is public and transparent but I appeal to the media not to report the minutiae where the circumstances are harrowing. I salute Trudy Lawlor, a renowned singer from County Laois who lost her brother to suicide, who has championed this cause and who has done so much work to make inquests user-friendly because they are not user-friendly. This Bill and others do not address it, which is a pity, but we might be able to introduce some amendments. First, the inquest should not be held in an adversarial courtroom, which courtrooms normally are. A courtroom is a cold place that intimidates people. Anyone going into a court, be they a juror or observer or, worse, on a charge, is intimidated. We tried very hard with the previous Minister for Justice and Equality, Alan Shatter, to move inquests to a different location such as a hotel or some other place with a soft ambience away from that adversarial environment with lawyers where other cases are taking place. It is not a suitable venue. We must be sensitive to the families who have been traumatised enough and as Deputy Danny Healy-Rae said, might have waited for the inquest for six, 12 or 18 months. It must be removed from that cold and archaic system. I am not saying we should lock the press out but the press has strict guidelines because there is no need at times to report some of the gory details of a sad and tragic accident or, worse, a self-inflicted death. It must be changed.

There will be increased powers for the coroner to procure post mortem examinations and to obtain documentary and other evidence. This is vital and long overdue. Sadly, there have been cases that have never been solved because of a lack of powers for the coroner. This must be done. There is provision for families of deceased persons to be informed of decisions relating to examinations and inquests and for civil legal aid to be provided. Of course, they must receive civil legal aid. It is a cold enough place. The coroners do their best but it concerns the whole system. The loss of a loved one is so traumatic and we need to have full disclosure. Getting the balance between deciding what are important facts to discover, what the family must go through and what the public needs to know is a sensitive and delicate matter. I know it must be transparent.

Farm accidents and road fatalities are very difficult for families. It is punitive if the inquest goes on for so long that insurance claims, payments or income are affected. The spouse and children might be left without any income waiting for this. We must always be conscious of that. Strengthening the powers is very welcome. Inquests must take place in the most sensitive venue and there are plenty such places. We know that with counselling and other issues. We have moved on a lot from the inception of the State and must ensure these sensitive issues are dealt with sensitively. It is not a matter of skipping any laws but making it more user-friendly for those unfortunate people or families who must live with the loss and grief and also try to get the result of the inquest. I wish the Bill well and hope there might be room for amendments to deal with the issues to which I referred.

Comments

No comments

Log in or join to post a public comment.