Colm Burke (Fine Gael) | Oireachtas source

This legislation is very welcome and the changes are necessary. I have one issue, however, which I raised a number of years ago. It is about inquests being held in a timely manner and I am not sure, having examined the Bill, whether this issue is contained within it. We have been talking about maternal deaths and, when I raised this issue a number of years ago, it followed a maternal death into which, even after 18 months, an inquest was not held even though all the relevant examinations had been done. The maternal death was no fault of the hospital but the delay gave the impression that the hospital had something to hide. Despite numerous requests to the coroner, there was a substantial delay. Have we provided for this? It is a very important issue.

A section in the Bill gives power to certain people to look for an inquest but this power is not given to members of the medical profession who may require an inquest. A form can be filed under section 33A(2), which states that it shall be the duty of a coroner to exercise his or her power to direct a post-mortem examination in every case in which a member of the Garda Síochána, a member of the Defence Forces, a duly authorised officer of a statutory body or a designated officer of the GSOC, requests him or her to do so but it is not required where a medical practitioner so requests him or her. Section 33A(3) does provide for this requirement but I ask the Minister for clarification on the matter. Would it be appropriate to look at whether a post-mortem could be required to be held where a medical practitioner requests one? I was recently asked for advice in a case where there was clear evidence that a person who gave birth to a stillborn child had been seriously assaulted. The Garda got involved and I welcome the provision in the Bill for an inquest to be required in such cases.

I also believe the provisions will require additional supports for coroners because there is a lot of work in this area. Perhaps some of the delays in holding inquests are as a result of insufficient support mechanisms. Now that we are expanding their role and giving them more powers, it is important to make sure coroners have adequate supports so that they can hold inquests in a timely manner. It is also important that all the other necessary investigations, by the Garda and by medical professionals etc., are dealt with in a timely manner. I had another case in which an inquest was delayed for more than 18 months because of an ongoing GSOC inquiry. It was only by making representations for the inquiry to be concluded that the inquest could be held. A young person had died and the parents were left in limbo for more than 18 months. We need to make sure that inquests are not delayed ad infinitum, especially where a family has suffered a bereavement and wants an explanation, which they can only get through an inquest. Until all the evidence is made available, there are only uncertainties. I ask the Minister to deal with this as it is an important issue in regard to this legislation.