Ivana Bacik (Independent) | Oireachtas source

I very much welcome these amendments to the Coroners Act and the Civil Legal Aid Act which are long overdue. It is appropriate that we would do this pending the overall review of the coroners legislation. This is something for which the families of deceased persons have been looking for some time. I appreciate that, as the Minister says, it is limited to certain cases, in particular where there has been some State involvement or where the deceased has been in the custody of the State in some way or in related circumstances.

I have one issue with amendment No. 21 and the new proposed section 60 of the Coroners Act, including section 60(6). I know that quite a broad definition is given in subsection (7) of the family member who may apply. Subsection (6) provides that there is no further application possible by a family member where legal aid or advice has been granted to an applicant in respect of an inquest. Should some provision be made where there is a conflict? One can anticipate that this could arise where there is conflict between different family members who wish to be represented in respect of a particular deceased. How should a coroner adjudicate on that if their hands are tied having granted one application for legal aid? Should there be a provision in subsection (6) along the lines of "unless the coroner considers it appropriate" or some saving clause to allow for some discretion for the coroner? One does not want to be too prescriptive but it seems that one could anticipate that a family member might apply and by virtue of having done so first, they then preclude other family members who might wish to apply where there is some difference of view among a family or where some conflict arises in respect of the inquest. It seems it might be a safer option and I ask the Minister to look at that for Report Stage.