Seanad debates

Thursday, 15 December 2005

Coroners (Amendment) Bill 2005: Second Stage.

 

3:00 pm

Photo of Brian HayesBrian Hayes (Fine Gael)

I welcome the Minister to the House and thank him for coming so expeditiously to deal with this matter that was first raised with him by Deputy Rabbitte. I single out Deputy Rabbitte's involvement in this more than anyone because he was the person who, when the case was first raised with us as constituency politicians, decided to take the legislative route. It is to his credit that he has managed to get the Bill through the other House so swiftly, with the Minister's full backing and support. Deputy Rabbitte needs to be commended for that, not only as the leader of his party but also as a constituency representative.

When I raised the matter with the Leader of the House last week she kindly informed me that time would be provided for the Bill this week to ensure it was put through the House before Christmas. The Nowlan family need to hear that out of the tragedy concerning their son, Pierce, hopefully some good will come in terms of the amended legislation going through the House today. They are to be commended for the bravery they have shown and their sense of public spirit in ensuring that their circumstance, tragic as it is and was, will lead to some positive reform of the law. As a relatively small group of citizens they have also shown an ability over a short period to affect a change in the law as a result of their participation in and initiation of a campaign. They are to be commended not only for dealing with their own issue, tragic as it is, but also the ramifications it will have for others. That it is coming at this time of the year is significant.

This is a legislative assembly and it is not just here to discuss statements on lawn-mowers and bicycles every so often. As politicians it is our job to reform law that is outdated and needs to be amended and modernised. As my colleague, Senator Cummins, has said, the law in this area dates back to 1962. In his speech the Minister identified huge changes that are required within the Coroners Act 1962 to modernise it. I heard the Minister say in the other House that he hopes the heads of the Bill will go to Cabinet even before Christmas so that it can be published on his website early in the new year.

In regard to this case concerning Pierce Nowlan, the net issue highlighted by the coroner related to the number of medical witnesses that could be called to the inquest. This new change in the law will get rid of the existing bar on more than two medical witnesses. That is an important step forward and as Senator Jim Walsh has said there is also a much more modern up-dating of the law in terms of increasing penalties for those jurors and witnesses who refuse to co-operate or do not attend. On the issue of jurors for an inquest, does the existing age ban of 70 that applies in all other courts apply? As the Minister is aware a juror in the Irish criminal——

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