Seanad debates

Thursday, 15 December 2005

Coroners (Amendment) Bill 2005: Committee and Remaining Stages.

 

4:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

I join in the genuine thanks to the proposers of this Bill. What a pleasure it has been to participate among Deputies in the other House and Members of this House in a process whereby the legislation was passed so speedily.

It is my intention to bring the new Bill into law in the lifetime of this Government. I will take heed of what the Leader has said and will propose to my colleagues in Government that the new Bill be initiated in this House because I know it would get the kind of debate it needs. There will be plenty of pressure on the other House in the next 14 months so it is a good idea to have a good deal of legislation first considered in this House, where it can get the time it deserves.

One of the points I discussed with the Nowlan family when they came to visit me in my Department was the interpretation of that section because, as I pointed out, if one fell down the stairs at a medical convention, is the mere fact all the witnesses were doctors a reason for limiting the number of witnesses at the inquest or is it purely related on a narrow point to the actual medical cause of death and debate on that issue?

Members might be interested to know that the case of the Eastern Health Board v. Farrell was one in which the health board and the coroner tested in court whether the three-in-one vaccine could be a proximate cause of death. The reason I know the case is that I participated in the coroner's inquest, although not in the court proceedings. To go back to what Senator Jim Walsh said, we must be fair in mind. Do we want corners' inquests to turn into huge debates on whether the three-in-one vaccine does or does not have adverse medical consequences or whatever? That is the type of issue which must be dealt with. When one says one wants to widen the scope of a coroner's inquest, it cannot turn into a vast tribunal of inquiry to which witnesses are flown in from around the world to state what surveys have proved internationally.

On what the Leader said, I have to admit this is not a case where I had to persuade my officials to adopt this point.

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