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Establishment of Commission of Investigation: Motion. (14 Dec 2005)

Michael McDowell: Anyway, we can change that on Committee Stage.

Establishment of Commission of Investigation: Motion. (14 Dec 2005)

Michael McDowell: I am told some of my answers are too long.

Establishment of Commission of Investigation: Motion. (14 Dec 2005)

Michael McDowell: Which was very wise.

Establishment of Commission of Investigation: Motion. (14 Dec 2005)

Michael McDowell: Ferns is about one tenth the size of the Dublin diocese.

Establishment of Commission of Investigation: Motion. (14 Dec 2005)

Michael McDowell: That is a good idea.

Establishment of Commission of Investigation: Motion. (14 Dec 2005)

Michael McDowell: A 15 year inquiry is an attractive idea.

Establishment of Commission of Investigation: Motion. (14 Dec 2005)

Michael McDowell: Regarding the 15-year proposal——

Establishment of Commission of Investigation: Motion. (14 Dec 2005)

Michael McDowell: I thank the Deputies for their warm and supportive remarks. The commission will be established for 18 months. It will report not later than 18 months after its establishment. It is open to the Minister of the day to extend that time if it becomes necessary. It will comprise of a number of members. The Chair, Judge Murphy, will work full-time for the commission. The other three members will...

Establishment of Commission of Investigation: Motion. (14 Dec 2005)

Michael McDowell: No, they are being selected in a consultative process. Judge Murphy has immense experience as a public servant, as a journalist, as an editor of a magazine and as a member of the staff of the National Social Service Board. In addition, she was at one stage a special adviser to the Tánaiste of this State. These are quite extensive qualifications for anyone carrying out this kind of work. She...

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: The heads of the Bill which are under preparation will deal with this area and the question of people who die in State custody is de facto virtually always the subject of an inquest. It is not as if there is a practice among coroners that urgently needs change. We have agreed to a very expeditious debate this evening. If I were to accept such a broad amendment it would to an extent be a fraud...

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: Deputy Costello referred to nursing homes and hospitals. However, I must emphasise that whatever obligations are introduced in that area, they will not be blanket ones. We cannot have a situation where every nursing home and hospital death ends up in an inquest. Many people die of natural causes in nursing homes and hospitals. A mandatory inquest every time this happens is not needed. I know...

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: I did not say the amendments were flawed.

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: I move amendment No. 2: In page 3, between lines 8 and 9, to insert the following: "(b) by the substitution of the following section for section 36: '36.—A summons requiring the attendance of a person at an inquest as a juror or witness shall be served on the person by a member of the Garda Síochána in one of the following ways: (a) by delivering it to the person; (b) by delivering it at...

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: As I indicated in my Second Stage speech, I am disposed towards increasing the scope of the coroner's inquest to cover surrounding circumstances of death. Deputy Ó Snodaigh will appreciate, however, that to do this and to do justice to a widened coronial function of this kind and enable jurors to consider these issues properly, we need support services and a reform of the coroner service to...

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: I want to ensure comprehensive reform is a balanced package in which the new coroner service, with its widened remit, has the resources and organisation to deal with the kind of questions which will arise. We must remember that, having given an excessively narrow function to the Coroner's Court to discharge, we have also under-nourished it and left coroners in something of an administrative...

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: It is my intention to bring the heads of the Bill to Cabinet before Christmas. If they are approved by the Cabinet — and I do not want to presume that — I intend to publish them early in the new year on my Department's website for consultation. It is also my intention that the drafting process should commence during the consultation period so that the Bill can be published early for...

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: I move amendment No. 5: In page 3, lines 9 to 31 and in page 4, lines 1 to 15, to delete paragraphs (b) and (c) and substitute the following: "(b) the substitution of the following section for section 37: '37.—(1) A person who, having been duly served with a summons requiring him to attend an inquest as a juror, fails to attend on the date and at the time and place specified in the summons...

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: With some degree of reluctance, I must oppose this section and suggest its deletion. My reluctance stems from the fact that it is not obvious to me exactly what is wrong with it. However, I am told there are technical legal reasons that fault it. When I saw it, I drew up my own proposed amendments which were incorporated in manuscript. I am not quite clear why it is so bad in its present...

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: Perhaps it was the identity of the drafter.

Coroners (Amendment) Bill 2005: Committee Stage. (14 Dec 2005)

Michael McDowell: I assure Deputies that I will certainly do so. I am not sure what is wrong with the section, but it may not sufficiently resemble provisions in the Tribunals of Inquiry (Evidence) Acts, which allow for orders in aid of the High Court punishable as contempt of that court. It may have something to do with that. However, since we are legislating in the very short term, I hope that we will be...

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