Dáil debates

Wednesday, 15 May 2019

Coroners (Amendment) Bill 2018: Report and Final Stages

 

3:55 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 4:

In page 13, line 25, to delete "subsections" and substitute "subsection".

These two amendments take us to section 8 of the Bill, which amends section 17 of the principal Act that requires the coroner to hold a mandatory inquest in certain categories of deaths. Section 8 introduces an express requirement for mandatory inquest in all cases of maternal death or late maternal death. It also provides for an exception where the coroner is satisfied, taking account of specified criteria, that the death is a natural death. The section, as originally put forward by the Government, placed this exception at the discretion of the coroner following consultation with a family member of the deceased. Deputy Clare Daly tabled an amendment on Committee Stage to change the terms on which the exception would take effect and that amendment was approved by the committee. I am conscious of the support commanded by the amendment, representing as it does the views of the House. Nevertheless, I recall the debate we had on Committee Stage when the wording gave rise to a legal difficulty of some import. I am now in a position to propose amendments Nos. 4 and 5, which I believe represent a solution on this important point for the legal difficulties that were not apparent in the course of the debate but were mentioned as being potentially difficult. I hope this is acceptable to Deputy Daly. My office was in contact with her and I thank her for her engagement.

Amendment No. 4 is a technical amendment that refers to the change made in amendment No. 5. The effect of amendment No. 5 is to remove the discretionary exception to mandatory inquest in cases of maternal death or late maternal death. The position will now be, as was originally proposed by Deputy Daly, a simple requirement of mandatory inquest in all cases, without exception. This is already the case under section 8 regarding any death that occurs while a person is in State custody or detention. My preference would have been to allow for an exception, as put forward by the Government, where the coroner is satisfied, having consulted the family, that the death is a natural one and that an inquest may not required. However, I acknowledge what was said on Committee Stage and honour the view of the House, which I respect. I hope Deputy Daly will be satisfied to accept the amendment, which has been shown to be acceptable to coroners.

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