Brian Lenihan Jnr (Dublin West, Fianna Fail)

I am pleased to have this opportunity to introduce the Coroners Bill 2007 and to outline its main provisions. The Bill provides for a fundamental change and improvement to the coronial death investigation process in Ireland. The comprehensive reform measures proposed will transform the existing legislation — the Coroners Act 1962 — and structures which govern the work of the coroner and provide for the establishment of a new coroner service. These two elements are interdependent and together are critical to the achievement of the successful outcome of the planned reform of this vital public service.

The Bill incorporates many of the recommendations made by the working group on the review of the coroner service in 2000 and the coroners rules committee in 2003. The Bill also has regard to recent developments in terms of jurisprudence and to ongoing reform of coroner services in other common law jurisdictions such as New Zealand, Australia and the United Kingdom.

The death of a loved one — whatever the circumstances — is, self-evidently, an event of major trauma. However, where the circumstances of a death require further investigation, the coroner plays a vital role in providing explanation and, hopefully, some comfort through his or her inquiries to the families and friends of the deceased person at a very difficult time. Coroners are required to achieve that delicate balance between performing their statutory function in ascertaining the cause of death while also remaining sensitive to the grief of the family and close friends of the deceased person.

The coroner service is one of the oldest public offices of state. The origins of this office can be traced back almost a millennium to the 12th century. Historically, the main duty of the coroner was to protect the interests of the Crown in criminal cases hence the name coroner was given to the position. Over the years, many and varying duties have been imposed on coroners and these have been refined in modern times into the critical role of inquiry into deaths.

While the role of coroner has been always connected to unexplained deaths, the complexity and importance of the modern coroner bears little resemblance to his or her historical predecessor. Today's coroner has a very wide range of duties involving investigatory, administrative, judicial, preventative and educational functions. The coroner operates as an independent judicial officer required to establish the "who, when, where and how" of an unexplained death.

It is important to emphasise that the coroner is not permitted to consider or pronounce on civil or criminal responsibility in respect of a death. The role of the coroner is, to the best of his or her ability and based on the evidence available, to establish the facts. The new coroner legislation must also meet the requirements of the European Convention on Human Rights. The European Court of Human Rights has, through several judgments, validated the important and primary role of the coroner's inquest in fulfilling this State's obligations under the convention to investigate any death involving public authorities or institutions. The court has also interpreted Article 2 of the convention as providing for a more extensive investigation of the circumstances of death and has indicated that an extension of the scope of the inquest is effectively required to meet the obligations of the convention. I note that in its report on the Bill, the Irish Human Rights Commission welcomed the approach adopted as meeting our obligations under Article 2.

The current legislation dates back to 1962. However, in substance, the law and structures have changed little since the middle of the 19th century. If a coroner from that era was to return today, he would recognise without great difficulty the current situation. I do not exaggerate when I say that this reform is not of an incremental nature but rather involves a jump of about 150 years. The law in this area is in need of considerable updating to ensure Irish coroners are equipped to conduct the best possible death investigation and are provided with the necessary administrative and technical supports to carry out their functions.

The Bill represents the effective culmination of a significant period of reflection and consideration on this matter. In 1998, the then Minister for Justice, Equality and Law Reform, Deputy John O'Donoghue, began the reform process when he established an expert working group to review all aspects of the coroner service. The review group comprised representatives from my Department, the Garda Síochána, the Coroners Society of Ireland, other Departments and offices, representatives from the health authorities, the medical and legal professions and other stakeholders.

The group conducted the first far reaching review of all aspects of the coroner service in Ireland. It examined equivalent services in appropriate comparable jurisdictions. Following a broad consultation with interested parties, it identified issues which needed to be addressed to ensure the coroner service provides the best response to present and future requirements. The group was greatly assisted in its task by the submissions it received from all stakeholders and particularly so from the submissions made by families who told of their experiences with the coroner service.

The report of the working group, entitled "Review of the Coroner Service", was published in December 2000. It contained 110 recommendations covering a wide range of issues. The work of the group was complemented by the subsequent report of the coroners rules committee, which was published in November 2003. The recommendations of the review group and the coroners rules committee have formed the basis for the formulation of this Bill.

There has been only one change to the law since the Coroners Act of 1962. Some Senators may recall that the Government supported a Private Members' Coroners (Amendment) Bill, which was enacted in December 2005, as an urgent interim measure. It abolished the restriction on the number of medical witnesses at an inquest and increased sanctions for reluctant or non-cooperative jurors and witnesses. The provisions of the 2005 Act are subsumed into this Bill in sections 63 and 64.

The Bill was introduced earlier this year by my predecessor, Michael McDowell. It represented the culmination of these extensive consultations with relevant Departments, the Office of the Attorney General, statutory bodies, the Coroners Society of Ireland and other stakeholders.

The Bill has two critical elements. These are the widening of scope of the inquest and the extension of the remit of the coroner and the development of optimum structures and administration for a modern coroner service. The Bill provides a statutory framework extending the scope of an inquest, from investigating the proximate medical cause of death, to establishing in what circumstances the deceased met his or her death. The current law in the 1962 Act, and as interpreted by the courts, provides for a restrictive approach as to the examination at inquest of how a person died being limited to the proximate medical cause of death.

The coroners review group recommended the extension of the remit of the coronial investigation to encompass the wider circumstances surrounding a death. It recommended it be expressed in positive terms in any new legislation. In addition to its recommendation, the developing jurisprudence of the European Court of Human Rights necessitated an address to this extension of remit.

A death under investigation by the coroner involves the continuation of an already traumatic and stressful period for any family and friends of the deceased. However, the coroner service, as the review group noted in its report, is "a service for the living" which in recognising the core value of each human life seeks to provide an explanation for a sudden or unnatural death. In that regard, I highlight the important provision in section 36 which sets out for the first time in statute the rights of a family to the fullest possible information as to a coroner's investigations. This critical and necessary feature will be certainly welcomed by families concerned. The provision also helps to better fulfil our obligations under the European Convention on Human Rights.

The Bill sets out explicitly new provisions in the duty of the coroner to investigate a reportable death and the powers of the coroner in conducting the investigation into a death. It provides the coroner with the necessary supports in law to carry out his or her functions properly. Not all death investigations by a coroner necessarily lead to the holding of a formal inquest. The cause of death may be readily discernible without the need for an inquest.

Where an inquest is required, the Bill sets out the procedures for the conduct of an inquest by the coroner. In the case of situations where there is a mandatory requirement to hold an inquest, the Bill provides for more explicit provisions to deal with those situations. These include deaths in custody situations or of children in care where the State or its institutions have an involvement.

These new provisions on the investigation by the coroner and on the inquest, taken together, are intended to ensure the primacy of the role of the coroner. The Bill, however, also seeks to respect the roles and responsibilities of other statutory bodies and agencies involved in specific types of death investigation, for example, when a workplace or travel-related incident is involved or where the State or its agents may be involved. There is a delicate balance to be maintained in this regard. It is not my intention to create any unnecessary tension or diversion of investigative resources. We must be mindful to retain an overall coherence of approach.

To that end, section 90 makes provision for necessary protocols of co-operation and information sharing between the coroner service and organisations such as the Garda Síochána, the Garda Ombudsman Commission and statutory bodies with responsibilities under other enactments to investigate accidents, incidents or diseases resulting in death.

I expect this co-operative approach, which respects the prerogatives of the bodies concerned, while retaining the central role of the coroner to properly conduct his or her inquest, will ensure the best and most coherent approach to complex death investigations, without recourse to any further legislative intervention.

The other main objective of the Bill is to establish a new full-time coroner service. The review group was concerned about the need to ensure a high quality coroner service with proper resources and supports available to it. It recommended an evolution to a regionalised structure where there would be fewer than the current historical provision of 48 coronial districts.

The approach proposed in the Bill provides for the transformation of the existing part-time coroner service, administered by individual coroners in conjunction with local authorities, into a co-ordinated national service under the aegis of the Department of Justice, Equality and Law Reform. It is proposed the new coroner service will comprise a chief coroner, deputy coroner, a certain number of full-time coroners and a fewer number of part-time assistant coroners. The service will be organised on a regional basis with the number and extent of the regions to be prescribed by the Minister for Justice, Equality and Law Reform, taking into account certain determining factors for an optimal service.

Provision has been also made for the employment of coroners' officers to assist the coroner in carrying out his or her duties under the Bill. A director of the coroner service will be appointed and will be responsible for its day-to-day administration.

The transition from the existing somewhat fragmented service into the new co-ordinated and national service will require considerable planning and preparation. The Government has approved the establishment of the coroner service implementation office which will commence the necessary arrangements for the new service. In line with Government policy on decentralisation, it will be based in Navan, County Meath, and will be reconstituted as the headquarters of the coroner service upon establishment.

Section 8, provides for the establishment of a coroner service. On the establishment of the service, full responsibility for coroners, including financial responsibility, will rest with the Minister for Justice, Equality and Law Reform and the involvement of local authorities will cease. Section 11, provides for a director of the service who will administer the service and be responsible for the management and general control of the administration of the coroners service. No less than two coroners, on a full-time basis, and no less than one assistant coroner, on a part-time basis, will operate in each dedicated coroner region, as prescribed under section 12.

A chief coroner will, under section 13, give professional leadership and direction to the coroner service. Deaths as specified in sections 25 and 26 and the Third Schedule must be reported to a coroner and the persons required to report the death are also specified. The inquisitorial nature of the coroner's investigation, his or her independence in performing functions under this Act and the requirement to have regard to the European Convention on Human Rights are explicitly mentioned in section 27.

The duty of the coroner to investigate a death is set out in section 28. Section 31 sets out the procedures for coroners to investigate certain deaths which may occur outside the State. The coroner, under sections 34 and 35, may issue a certificate of fact of death which will authorise disposal of the body and act as proof of the death in regard to any claim for entitlement, for example certain types of State payments. This new certificate of fact of death is not to be confused with the death certificate, issued ultimately by the Registrar of Deaths, but an interim solution designed to meet the needs of families affected. This will be welcomed by Members because of the practical problems many have encountered with this matter.

For the first time in legislation, the Bill sets out in section 36, the duty of the coroner to provide full and clear information concerning all stages of the death investigation process to the family of the deceased person. Coroners have powers, under sections 33, 37 and 38, of custody and removal of a body, and if necessary for their investigations, of entry and inspection of premises. Where the premises are a private dwelling, the authority of a District Court judge will be required. Coroners may seek, under section 41, directions of the High Court on a point of law. There are detailed provisions in sections 43 to 46, inclusive, on the circumstances where the coroner is required to hold an inquest, on the coroner's general power to hold an inquest and the express purpose of the inquest.

Section 46 provides for widening the scope of the inquest from investigating the proximate medical cause of death to establishing, in so far as practicable, in what circumstances the deceased met his or her death. This is the extension of the remit of the coroner. Detailed provision is made in sections 47 to 53, inclusive, as to the proper and efficient conduct of inquests and the procedures to be followed with a view to establishing best practice, efficiency and transparency in the matter.

Section 54 provides for a new feature, the power for the inquest to make recommendations designed to prevent future similar deaths and other hazards to life and to bring these to the attention of appropriate persons. Where a recommendation is addressed to a Department, a local authority or a statutory body, there is a formal requirement on them that a written response be made to the coroner no later than six months from the date of receipt of the recommendation, indicating the measures, if any, taken on foot of the recommendation.

Where criminal proceedings are being considered or are under way or certain other investigations are being carried out by the Garda Síochána and other mentioned public or statutory authorities, the coroner must under sections 57 to 59, inclusive, adjourn the inquest. There are provisions in sections 63 to 73, inclusive, relating to witnesses and the involvement and functions of juries at inquests. Juries will continue to be required in certain defined circumstances.

There are provisions in sections 74 to 77, inclusive, relating to the conduct of post mortem examinations and other special examinations on behalf of the coroner. These are designed to inform and reassure the families of the deceased regarding the procedures involved. There are also provisions relating to the approval and conduct of exhumation which may be required for a coroner's investigation.

There is provision in sections 80 to 82, inclusive, for a range of offences concerning failure to co-operate with an inquest or with a coroner, including offences by bodies corporate. On summary conviction of offences, persons may face fines of up to €3,000 and up to 12 months' imprisonment or both. Larger fines are provided for in respect of conviction on indictment.

The Bill provides in section 83 that the coroner service will publish an annual report on its activities. Of particular importance is that the Bill provides in section 86 that the Legal Aid Board may arrange for the granting of legal aid in proceedings before a coroner where a person has died in, or resulting from being in, State custody or in certain institutional care situations. The effect of judgments of the European Court of Human Rights — confirmed by the Irish courts — is that there must be provision for legal aid in cases where there is involvement of the State in the circumstances of the death.

Section 90 provides for the necessary co-operation and information-sharing arrangements to be developed between the coroner service and the Garda Síochána, the Garda Ombudsman Commission and appropriate statutory bodies with responsibility for the investigation of accidents, incidents or diseases resulting in death. These latter include primarily the Health and Safety Authority, the Road Safety Authority, the Railway Safety Commission and the Air Accident Investigation Unit.

There are four Schedules to the Bill. In particular, Schedule 3 sets out the categories of deaths to be reportable to a coroner and Schedule 4 relates to conditions of jury service at an inquest.

Coroners in Ireland have done an excellent job over the years in serving their communities and have gained the respect of the public. The debate today affords me the opportunity to express on behalf of the Government our appreciation for their efforts. I am sure Senators will want to join me in expressing such appreciation. This new legislation will reinforce the role of the coroner at the centre of the death investigation process. The new system proposed in the Bill, incorporating legislative and structural and administrative reform, will provide a better service to the families of deceased persons and to society at large in explaining deaths and in alerting us to public safety and health issues.

This reform, when fully implemented, will mean an improved service, greater consistency of approach to death investigations and better and more timely information to families involved in the process. I look forward, with the support of the House, to the passage of the Bill and implementation of the associated organisational and structural reform. I commend the Bill to the House.