Pádraig Mac Lochlainn (Sinn Fein) | Oireachtas source

I thank the Minister and colleagues for their contributions to this debate. I appeal to the Minister and his Government colleagues not to oppose this Bill and to allow it go to Committee Stage today in order that we can further develop the issues of concern the Minister raised, try to find a way to address the concerns of families like the McGill Lynchs and also address some of the concerns the Minister raised. It has been said that this is Bill is premature and that the Coroners Act is being looked at and reviewed as we speak. That Act dates back to 1962, it is archaic and radical reform of it is long overdue.

I introduced this Bill in the Dáil two years ago but no reform of the Coroners Act has been put before these Houses by the Government in those two years. Therefore, it cannot be premature for me to introduce this Bill again here today having waited patiently for two years. The reason this Bill is being debate in this House is that I understood it had all-party support and that it would not be challenged. The family are in the Gallery on the basis that the Bill would progress today and the debate on it would continue through the Houses. That was what I understood happened between the Whips.

I ask the Minister and his colleagues to allow this Bill to move forward. He has put his concerns on the record. All that would happen today is that this would progress to Committee Stage. Those concerns would be put on the table and addressed through the Houses as the Bill progresses through the different Stages. I ask the Minister to allow this debate to continue and the Bill to progress through the Houses.The Minister might not be aware that I co-chaired a meeting of what was formerly known as the Joint Committee on Public Service Oversight and Petitions and the Joint Committee on Justice and Equality during the lifetime of the previous Oireachtas. The meeting was about the responsibility of our Government under Articles 1 and 2 of the European Convention on Human Rights. I will quote exactly what I said on that day:

Articles 1 and 2 of the European Convention on Human Rights, when read together, require a proper and adequate official investigation into deaths resulting from the actions of State agents, both from the use of lethal force and also in situations arising from the negligence of agents that leads to a death.

The purpose of the meeting in question was to explore those issues and those present heard from a range of witnesses. One was a coroner who talked about the limits of what was available. As the Minister knows, a coroner can, in the course of an examination, refer a matter to a public inquest. In the case that led me to draft this legislation, the matters were examined and debated. One of the other Senators referred to medical experts having to come and debate the issues. They were debated in this case. That already happens in coroners' courts, where issues are thrashed out and relevant experts are brought in.

It is not beyond the capacity and goodwill of Members of the Seanad to allow this Bill continue its passage through the Houses. That could happen in tandem with the Minister's wider review of the Coroners Act 2013. I am asking that we do not divide the House on this issue and that we do not ignore the fact that we have a real societal challenge with which to deal. I again refer the Minister to his responsibility, my responsibility and our responsibility in these Houses, under Articles 1 and 2 of the European Convention on Human Rights, to ensure that families have the right to the whole truth. The Minister talked about civil cases. God help any poor family that has to go through a civil case. Can the Minister imagine the level of their financial exposure? They would become impoverished as a result of taking on the full weight of the medical establishment. It is a huge burden. The responsibility falls on us, as legislators, to change the law in order to make it as accountable as possible and to ensure that people receive the right answers.

I appeal to the Minister not to divide the House. He has put his views and concerns on this issue on record. Even in light of all the reservations the Minister expressed, it would be a noble thing to allow this Bill to proceed to Committee Stage. Let us develop the conversation about how we can collectively meet our responsibilities under Articles 1 and 2 of the European Convention on Human Rights.