Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

I will try to answer some of the questions. My officials have taken note of other questions and we will come back to the Deputies at a later stage.

In response to Deputy Fiona O'Loughlin, the reason we have proceeded with the reform of the coroners law in advance of reorganising the entire coroners system is to ensure the urgent changes needed on reporting deaths, including maternal deaths, and changes to the legislation on coroners' powers can be made quickly. As I indicated earlier, the Minister is also considering optimal organisation of the coroner's service.

While this may take further time, we all agree that the urgent measures contained in the Bill are needed now.

Deputy Clare Daly referred to the delay in bringing the Bill forward. The Minister for Justice and Equality has acknowledged that it has taken much longer than he wished to finalise the legislation for publication. I acknowledge that the Deputy thanked the Minister, his predecessor, Deputy Frances Fitzgerald, and my officials, Mr. Brendan McNamara, Ms Madeleine Reid and Ms Róisín Hennessy, who accompany me in the Chamber. Deputies Clare Daly and Fiona O'Loughlin also referred to the need for the legislation to bring about a change in communication and culture. I agree with them that ignoring people and dismissing their concerns must change. We must deal with patients and their families with empathy and respect. Deputy O'Loughlin raised the Scally report. I add my abhorrence at the treatment by some doctors, as outlined in the Scally report, of women in a disgusting, misogynist manner. We need basic humanity in all areas in our hospitals to deal with patients and their families.

Deputy Louise O'Reilly referred to missing persons. I have noted the Deputy's views on the Private Member's Bill proposed in this regard and I will bring them to the attention of the Minister. However, I understand the proposer of that Bill has agreed, following advice, that a reference to the role of coroner is not required to achieve the Bill's objectives. The Deputy referred also to iatrogenic suicide. The Minister says that the introduction of a verdict of iatrogenic suicide at an inquest was proposed on Second Stage of a Sinn Féin Private Member's Bill in the Seanad on 18 October 2017. The Government opposed the proposal and the Seanad voted not to approve the Bill. The Government cannot accept a proposal now to introduce a verdict of iatrogenic suicide. The position remains that the proposal, while well-intentioned, risks an inquest apportioning liability to a medical practitioner who may have prescribed the treatment or medication for the deceased person. A coroner's inquest cannot consider questions of civil or criminal liability. Section 30 of the Coroners Act 1962 provides against such considerations specifically. The Office of the Attorney General has advised that the Private Member's Bill was legally unsound in that a new verdict would be capable of ascribing criminal liability to a person or persons who would be readily identifiable.

I note in response to Deputy Danny Healy-Rae's concerns that we all agree that it is desirable to reduce the delays in the holding of inquests, which can occur despite the best efforts of coroners. The strengthening of coroners' powers and other reforms contained in the Bill should help to reduce unnecessary delays. I have taken note of Deputy Mattie McGrath's proposal that the Coroner's Court convene at a less adversarial and more sensitive site. We listened with interest to Deputy Eamon Ryan's comments on cycling fatalities. One change proposed in the Bill is relevant, namely section 14, which introduces the possibility for an inquest to make general recommendations arising from a death in the interests of public health and safety. That is all of the answers I have now but my officials can revert to anyone who wants further questions answered.

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