Seanad debates

Thursday, 4 October 2007

Coroners Bill 2007: Second Stage

 

1:00 pm

Photo of Lisa McDonaldLisa McDonald (Fianna Fail)

I welcome the Bill. Unfortunately, unexplained deaths, murders and accidental deaths have become commonplace in our society. There were days in the not too distant past when people would have been shocked and the whole country would have reeled at the circumstances of such deaths. Nowadays we have become more and more attuned to modern day living and accidental deaths. It is obvious that reform of the current system is long overdue.

The Minister said in his speech that he could jump back 150 years. Certain parts of the system are medieval to say the least. Last year coroners dealt with 11,142 cases, and from them we had 2,085 inquests. That adds to the argument that we need a full-time coroner's service. In that regard I welcome this Bill. The coroner service must be professionally run. The aspects of the Bill that deal with administration and so on are overdue, but are widely welcomed. Members of the public do not feel that they are dealt with professionally in the Coroner's Court. This Bill redresses this situation and for that it is welcome.

The coroners are concerned that we appear to fail in this Bill to separate the administrative, investigative and quasi-judicial functions of the coroner. That is something on which I would welcome the Minister's comment. Perhaps the coroner's rules could address this area.

However, this legislation represents a comprehensive overhaul of the system. I welcome the fact that this will be regionally based and I would ask that the coroner's appointed will have local knowledge. If the coroner appointed is no longer the local person appointed by the county councils, we must ensure that a coroner with local knowledge is appointed. That is very important. When we are moving from 42 offices to a regional basis we need to be mindful of that.

The greater powers the coroner will have to investigate the wider circumstances of a death, as opposed to the narrow powers currently there are welcome. It will bring a whole new facet into the investigation.

The process whereby the coroner will be allowed to make a recommendation is a very welcome development in this Bill. It will allow the coroner to comment. Senator Walsh mentioned suicide in his thoughtful submission on the Bill. It is very important that we can comment on certain aspects of suicide cases, to suggest for example that this should not happen again or to speak on matters of public importance. The example that springs to mind is the example of the Wexford coroner commenting on the aspects of the deaths of the Grace family, Sharon Grace and her two little daughters. He was widely criticised for it. However, it is important the coroner has that power because it can ensure that certain suicide cases will not happen again.

The most important point, when we bring everything together in this Bill is that family members are given a status and the coroner is obliged to keep them informed of developments. It is humane and certainly within the spirit of the European Convention on Human Rights. A criticism of the current system is that families are not briefed. Ultimately, the ability to impart more information to families will assist in what is a tragic circumstance for any family.

I agree with Senator Walsh when he says that perhaps we could look at the timeframe and include time limits into the Bill. It would be a cause of concern for the ombudsman, the Garda and so on, whose involvement is crucial, that matters would be delayed. Such delays in inquests mean that family members suffer because they cannot get on with their lives. We need to guard against that and I would welcome the Minister's comments on it.

I hope the interim measure of a certificate of the fact of death will be accepted by insurance companies, banks, etc. as a substitute until the death certificate is issued. This issue was raised by Senator Rónán Mullen. I have queries regarding the Legal Aid Board in the context of the Bill on which I would welcome the Minister's comments.

Remuneration of barristers, solicitors, medical practitioners and such people is vital to ensure they partake in the process and to avoid a situation where we cannot recruit coroners for the posts. Budgetary aspects must be examined to ensure a smooth transition. I will welcome the Minister's comments on the aspects of this that have been agreed. It is important given that, in being asked to take on the role of coroner, people are being asked to forgo what could be potentially a lucrative career.

The Bill is a fundamental change and improvement of the current coronial death investigation system. I commend it to the House.

Comments

No comments

Log in or join to post a public comment.