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Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I move amendment No. 6:In page 11, line 10, to delete “(i) the person” and substitute “(j) the person”.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I move amendment No. 7:In page 11, line 13, to delete “(j) a registrar” and substitute “(k) a registrar”.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I want to mention in the first instance the point raised by Deputy Clare Daly on the timeframe and acknowledge on the part of the Government the urgency here as well as the importance. I would be very keen, if we complete Committee Stage today, that we would be ready for Report Stage early next term. Not by way of any reason or excuse for any perceived delay, I acknowledge that many of the...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: Without repeating the points raised earlier, under section 17(4) there will still be a provision for the coroner to take account of any written views that may be submitted by the family. While that section does not provide for an obligation on the part of the coroner to consult with family, this is provided for in section 17(3), which Deputy Clare Daly proposes to replace. That could be...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: In response to Deputy Clare Daly, I am not sure if the reflection to which she refers will involve her refraining from pressing the amendment now in order to see how best we can accommodate the view that she has expressed in the amendment. If she decides to press the amendment with the support of the members, my concern is that, regardless of whether it is intended, it will have one serious...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: It is important that we not read the amendment in isolation given a weakness in inserting it where Deputy Clare Daly has proposed. We acknowledge that a coroner must, under the Bill, have regard to all of the facts listed in the proposed section 17(4), must be satisfied that the death was a natural one and must be satisfied that an inquest is unnecessary. Even if all of those tests are...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I move amendment No. 9:In page 12, line 36, after “views” to insert “(if any)”.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I move amendment No. 10:In page 12, after line 38, to insert the following:“(2) The amendments of section 17 of the Principal Act effected by subsection (1)shall apply to the duty of a coroner to hold an inquest in relation to the death of a person that occurred before the commencement of this section only if, upon that commencement, the inquiries of the coroner into the circumstances...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I would be happy to do that, having regard to the fact that maternal deaths in institutions or places of custodial detention are very rare. We are talking about young women. I am keen to pursue the point raised by Deputy Clare Daly and I will obtain some figures. I ask members to acknowledge that we are dealing with circumstances that are very rare. I shall have regard to the valid point...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I intend to introduce an amendment to section 20 of the principal Act on Report Stage with the intention of permitting a designating officer of the Garda Síochána Ombudsman Commission, GSOC, to act in circumstances where the Garda cannot to assist a coroner and to amend the current provision for an inspector of the Garda to request a coroner from an adjoining district to hold an...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I intend to bring forward an amendment on the adjournment of an inquest where criminal proceedings are being considered or have already been instituted.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I flag amendments on Report Stage. They are proposals in respect of authorising a designated officer of GSOC to provide support to the coroner in procedures for identification of the body of the deceased.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I move amendment No. 12:In page 17, between lines 31 and 32, to insert the following:"(4) Where, under section 33, 33A or 33C, a coroner directs that a post-mortem examination of the body of a deceased person be made, the coroner may direct—(a) a person in charge of a hospital, or other health institution, in which the deceased person received treatment immediately before his or her...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I thank the Chairman. We intend to address that.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: It is intended to bring forward an amendment on Report Stage to ensure the best and most effective approach to post mortem examinations. It would propose enhanced provisions, for example, on the conduct of post mortem examinations by registered medical practitioners and on the powers to remove and retain human tissue and other material during a post mortem examination. The provision may...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: While the section amends section 37 of the principal Act, on Report Stage I intend to bring forward an amendment that refers back to section 17 on the matter of section 36 and the service of summons on the principal Act. It is merely an enabling provision to facilitate the serving of a summons on behalf of the coroner requiring the attendance of a person at an inquest as a juror or witness...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I intend to bring forward an amendment to section 40 (3) of the principal Act, which suspends any obligation to have a jury in place if the inquest has been adjourned at the request of An Garda Síochána. I intend to reflect the intended amendments that are described in section 25, with particular reference to requests of adjournment of the coroner's inquest made by various...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: Similarly, under section 20 there will be an amendment to provide that a designated officer of GSOC - within the meaning of part 4 of An Garda Síochána Act 2005 - may assist the coroner in summoning a jury to an inquest where the particular circumstances of the case require such assistance.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: Without wishing to be seen as intervening unnecessarily, I intend to bring forward on Report Stage an amendment to section 47 of the principal Act extending the power to request the exhumation of a body in some circumstances. Currently only An Garda Síochána has the right to so request.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I intend to bring forward an amendment that will propose to permit the involvement of a designated officer of GSOC in assisting the coroner's exercise of power under the section, in cases that fall under a GSOC investigation with particular reference to this section. It will provide for a new power for the coroner to enter premises by consent or under a warrant of the District Court, to take...

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