Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Amendments Nos. 5 to 11, inclusive, are probably the most important and I will address them.

This series of amendments relates to the adjournment of an inquest. A coroner's obligation is to direct a post mortem examination in a case where criminal proceedings are being considered, or have been initiated, into the death of the person concerned. The principal Act provides under section 25 that the coroner shall adjourn the inquest on the request of a Garda officer of a rank not less than inspector in either of these situations. Where the request is on the ground that criminal proceedings are being considered, section 25(1) provides that the coroner should adjourn the inquest for such period as he or she thinks proper and shall further adjourn it where the officer so requests on the same ground. Where the request is on the ground that criminal proceedings have been instituted, section 25(2) provides that the coroner shall adjourn the inquest until such proceedings have been finally determined.

This group of amendments makes provision for adjournment along identical lines where the lead investigating agency regarding any criminal proceedings relating to the death of the person is not An Garda Síochána but is the Defence Forces or, in certain circumstances, GSOC. This will arise only in a limited range of cases. The amendments specify that the Defence Forces are the lead investigating agency only where the death is that of a person who is subject to military law under the Defence Acts. This would be the case for a member of the Defence Forces who dies while on active service, or perhaps even in service custody.

The amendments also specify that GSOC is the lead investigating agency only where there is a GSOC investigation under Part IV of the Garda Síochána Act 2005 into the death concerned. This is provided in the definition of "relevant Ombudsman Commission investigation" contained in section 2 of the Bill.

On the same line, section 18 of the Bill inserts a new section 33A into the principal Act making more detailed and comprehensive provision on the categories of deaths where the coroner has a duty to direct a post mortem examination. That section already makes mandatory provision for a post mortem examination in cases where An Garda Síochána or the Defence Forces or GSOC, as the lead investigating agency, so request.

This group of amendments amend section 18 to refer more precisely to the scope of Defence Forces and GSOC investigations and for consistency with other amendments in the group. Similarly, section 40(3) of the principal Act provides that the coroner is not obliged to empanel a jury for an inquest sitting at which a Garda officer of a rank not less than inspector would apply for an adjournment on the grounds of criminal proceedings into the death concerned are being considered or may even be instituted.

The group of amendments similarly amends section 40(3) to avoid an obligation to empanel a jury unnecessarily where the adjournment is requested by an appropriate officer of the Defence Forces or GSOC in the small range of cases where that body, and not An Garda Síochána, is the lead investigating agency.

These amendments represent the existing practice in any event but it is preferable that we make express statutory provision in that regard in the Bill. I encourage Deputies to agree with that.

Amendment No. 5 is the most substantial in the grouping. It amends section 25 of the principal Act, as I have described, to provide that the coroner shall adjourn an inquest on request of an appropriate officer of the Defence Forces or GSOC in the specific range of deaths where that body is the lead investigating agency under statute and is considering criminal proceedings.

Amendments Nos. 6 to 11, inclusive, are technical amendments proposed on the advice of the Parliamentary Counsel. I do not propose to deal with them in any detail.

Amendment No. 11 relates to relates to section 40 of the principal Act and it provides that the coroner is not obliged to empanel a jury for an inquest sitting at which, as mentioned earlier, an appropriate officer of the Defence Forces or of GSOC will apply for adjournment of the inquest on the basis that criminal proceedings are being considered, or have been instituted, in relation to a death and where that body is the statutory lead investigating agency.

I will deal with any queries which Deputies may have but the amendments are straightforward.

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