Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Gabhaim buíochas leis an Aire agus cuirim fáilte ar ais roimhe i seachtain atá iontach gnóthach dó. I welcome the Minister back to the House during what is a very busy week. I know it will be another busy week next week for him in respect of justice legislation coming before this House.

However, I seek his forgiveness. I must return to the Special Select Seanad Committee on the Withdrawal of the United Kingdom from the European Union upon conclusion of my remarks but, as Senator Conway said, there is support for this legislation in this House and I look forward to engaging on it on later Stages. I also reiterate words of thanks to our colleague on the Joint Committee on Justice and Equality, Deputy Clare Daly, who will be a member for another few weeks. She brought this issue to the fore. While I do not say this in a confrontational or combative way, in many ways, her diligence has resulted in this legislation being brought forward by the Government. That is part and parcel of our work here and it is important that we acknowledge that.

We in Sinn Féin believe it is incredibly important that the remit of inquests be extended to look beyond the medical cause and into the circumstances leading to the death. Issues relating to deaths can be tragic and it is vital that a coroner can consider these matters holistically if the case necessitates it. I am glad that this Bill will eventually extend the powers of the coroner when requesting witnesses and evidence and allow for questioning if required. The powers the Bill gives to coroners are proportionate to the job they have to do, especially in cases where a thorough investigation is needed, such as in the case of a violent death or medical misadventure. In such cases, as we have seen many times previously, such as in the cases of maternal deaths and others, coroners' powers have proven to be ineffective in investigations. The legislation seeks to gives the coroner powers of warrant and search and seizure of documents and penalises those who refuse to co-operate with inquests. I am glad that mandatory reporting to the coroner will be extended where cause of death is unknown and if deaths are somewhat suspicious or unnatural such as where a death has occurred in a violent or unnatural manner, by unfair means or misadventure or in other areas.

The legislation responds to Deputy Clare Daly's Bill introducing mandatory inquests in all cases of maternal death or late maternal deaths and extends legal aid to family members of the deceased. As it stands, maternal deaths are treated as deaths that must as a rule or practice be reported to the coroner. However, inquests are not automatically granted in these cases. Between 2007 and 2013, eight inquests were held following maternal deaths. All eight cases resulted in rulings of medical misadventure. It is the duty of the State to investigate deaths that take place in suspicious circumstances or in circumstances that leave them open to question. Too many families in this State have been left facing the wall of bureaucracy on their own without any supports.

However, if we are to correct this and ensure there are mandatory inquests, we must also address the failures that lead to the need for inquests. Ireland has the lowest number of consultant obstetricians per 100,000 women in the OECD. That is one consultant obstetrician for every 597 births per annum. To illustrate how poor the service we provide to women is, the comparable rate in Scotland is one obstetrician for every 268 births. The shortcomings in maternity services are numerous and have led directly to heartbreaking incidents involving mothers and children, including, in some cases, their tragic deaths. As legislators, we must acknowledge that while it is right to ensure there are mandatory inquests in the event of maternal deaths, we must also act on the maternity strategy and other relevant measures. The national maternity strategy has no statutory underpinning and significant swathes of it have not been implemented. We must also address the issues while ensuring there are mandatory maternal death inquests.

It is unfortunate that the Bill does not appear to facilitate what has become known as Jake's amendment. That would bring about a change in coroners legislation for which Senator Mac Lochlainn has been advocating for many years. In 2013, 14-year-old Jake McGill Lynch was prescribed the antidepressant Prozac. He ended his life using a firearm. Jake was diagnosed with Asperger's syndrome and was given the antidepressant drug, despite research stating that the drug has no benefit for children with this syndrome and despite the emerging evidence of harm. The coroner in Jake's case rejected a suicide verdict. That was due to an email that Jake wrote 24 hours before he took his own life. When writing to a friend, he conveyed his concerns about the medication he was taking and said that he was feeling worse because of it. The Bill introduced by Senator Mac Lochlainn some years ago proposed to amend the Coroners Act to make it possible to return a verdict of iatrogenic suicide, which is essentially suicide brought on by side effects of prescribed medication. Despite many assurances to Jake's family from a number of Ministers for Justice and Equality, the Bill does not cater for the measures it wishes to see included. Sinn Féin will submit an amendment on Committee Stage to introduce the measure and we look forward to engaging and working with the Minister in that regard.

That will not be the only way in which we will seek to strengthen this legislation. I am sure many will agree with us that provision for a coroner to inquire into a stillbirth where there is cause for concern, for example, arising from matters raised by the bereaved parents should be put on a statutory footing. We also believe it is essential that this legislation should provide for the Minister to make regulations on the proper storage and family management any material removed for the purposes of a post-mortem examination, including return to a family member where requested and appropriate, and to provide power for the coroner to direct a hospital or other health institution to make medical records of the deceased person available for the purposes of a post-mortem examination.Those are a number of areas in which we will seek to be constructive. We, along with the Minister and other colleagues, will seek to strengthen this legislation. We support the aims and objectives of the Bill and I thank everyone, including the Minister, who in one way or another have been raising issues concerning inquests into deaths in this State for many years. This legislation is a result of their tireless pursuit of justice on behalf of the bereaved families.