Results 6,581-6,600 of 21,096 for speaker:Charles Flanagan

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

Charles Flanagan: I accepted that in my opening comments.

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

Charles Flanagan: I specifically mentioned the interest of Deputy Clare Daly.

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

Charles Flanagan: I am very keen to facilitate the committee in that regard.

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

Charles Flanagan: I move amendment No. 2:In page 7, between lines 36 and 37, to insert the following: “Application of Act to stillbirths 3.The Principal Act is amended by the insertion of the following section after section 2:“2A.(1) This Act, other than sections 17, 18, 33A and 40, shall, where the context so requires, apply to a stillborn child in the same manner as it applies to a deceased...

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

Charles Flanagan: I thank Deputy Clare Daly for her comments and apparent agreement on the matter of the mandatory reporting and, as a consequence, the discretionary power on the part of the coroner. Having regard to developments, both in this jurisdiction and across common law jurisdictions, I repeat that it is prudent for us to adopt the discretionary approach contained in the amendment.

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

Charles Flanagan: I move amendment No. 4:In page 11, line 8, to delete “prior to” and substitute “before”. These are technical drafting amendments to section 6 and I ask that they be treated accordingly. Section 6 provides for a more strengthened regime for the reporting of certain deaths to the coroner. It inserts new sections 16A and 16B in the principal Act. Section 16A sets...

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

Charles Flanagan: Yes.

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

Charles Flanagan: It would be a matter for the officer in charge of the Garda station.

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

Charles Flanagan: The officer in charge is responsible.

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

Charles Flanagan: I move amendment No. 5:In page 11, between lines 9 and 10, to insert the following:“(i) where the deceased person was in State custody or detention immediately before his or her death, a person who, pursuant to an enactment or otherwise, had responsibility for the deceased person;”.

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...