Seanad debates

Wednesday, 26 June 2013

Courts Bill 2013: Committee Stage

 

3:25 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

Perhaps I can make a general comment. There is a series of different proposals contained in these amendments which have widened the scope of the Bill. I did signpost that we would do this on Second Stage. Much of what is being done is tidying up areas of law that need to be tidied up and addressing issues that have been long ignored. It has proved possible with the assistance of the Attorney General's office to bring these matters into the House today. Of course, there will be an opportunity after today to consider them for Report Stage. I do not want to mislead Members but we are on a tight timeframe because I am very anxious that the legislation is enacted before the Houses adjourn for the summer recess. There are substantial provisions in these which are very much in the public interest and which will be of assistance to many individuals, even the court jurisdiction issue, in so far as it may save people legal costs.

I apologise to Senators if they have not had enough time to consider all the amendments. Very substantial concentrated work has been undertaken by my departmental officials and the Attorney General's office to facilitate us progressing these issues at this stage. Some of the issues we need to address are in dereliction such as the issue in relation to coroners. On the substance of that, Senator Ivana Bacik raised an interesting issue on which I will reflect. There is a concern to ensure that if there is a tragedy and somebody dies there is not a multiplicity of family members seeking legal representation. It does not require marital breakdown for that to give rise. There could be conflict within families over the circumstances. There could be parents and five or six brothers and sisters of an individual who has lost his or her life and the State simply could not afford to provide legal advice to every family member in those circumstances. Of course, any lawyer appointed would have a duty to assist the coroner in the deliberations they undertake and one would assume would make submissions of relevance to any issue surrounding the death of an individual. I will certainly reflect on the issue raised by Senator Bachik but it could open a vista that could create enormous legal expense and make coroner court hearings unnecessarily prolonged and expensive. We need to find a balance.

I will come back to Senator Colm Burke on an issue he raised previously and again today, that is the delays that can occur in inquests being held, as sometimes happens, because there is a pending criminal trial or there can be other reasons. I accept that where there is a delay it would be helpful to families if the reason was articulated. I would like to reflect on that issue. I thank Senators for their general welcome for our addressing the particular issue that these amendments address.

Comments

No comments

Log in or join to post a public comment.