Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Senators Ardagh, Ó Donnghaile, Colm Burke and Bacik for their contributions and acknowledge their support for this important measure. I am grateful for the many expressions of support received and will certainly bear the various points raised by Senators in mind as I proceed, between now and Committee Stage, to address some further amendments and observations. I welcome the general agreement on the need to proceed swiftly to enactment of this important Bill as we modernise the Coroners Act 1962. I was particularly struck by the supportive words of Senator Bacik.

The reforms provided for in the Bill are needed to better serve citizens, clarify and strengthen the powers available to coroners and better support compliance with the State’s obligations under the European Convention on Human Rights. Like Senator Bacik and others, I acknowledge the work of coroners throughout the State which is often or always performed at times of great sensitivity and challenge, as well as their often under-appreciated role in society. That is why I am keen for the Bill to ensure coronial law will better fulfil what is an essential and basic purpose in many respects -the provision of the best possible explanation for next of kin and, beyond them, society at large when a death gives rise to concern, doubt or uncertainty.

It is useful to recall the main reforms provided for in the Bill. It will strengthen significantly and modernise the powers available to coroners in reporting on, the investigation of and holding inquests into deaths and, in particular, provide for mandatory reporting to a coroner of a clearly specified range of deaths, including deaths in State custody or detention and all maternal or late maternal deaths, stillbirths and infant deaths. It will also provide for mandatory post-mortem examinations and inquests into all maternal or late maternal deaths and deaths in State custody or detention. It will clarify and expand the categories of persons who have a duty to report such deaths and it will be an offence for such a person not to do so. This will ensure proper and transparent scrutiny of deaths.

The Bill will update and modernise the provisions for post-mortem examinations to take account of forensic developments and current practice. It will strengthen the powers of the coroner to summon witnesses to an inquest and to direct a witness to produce documents and evidence or answer questions. It will give the coroner a new power, enforceable on application to the High Court, to direct a hospital, other health institution or medical practitioner to produce the appropriate medical records of the deceased for a post-mortem examination. The coroner will also be granted the power, acting under a warrant from the District Court, to enter and inspect premises, take copies or possession of any document or material that might be relevant to the inquest and provide for a wider statutory inquiry, where necessary, at the inquest. The purpose of an inquest will now go beyond establishing the medical cause of death. It will also establish the circumstances in which a death took place. The Bill will require information on the post mortem and, on request, a copy of the post-mortem report to be provided for the family of the deceased. It will require advance notice of an inquest to be given to the family members of the deceased person. That was one of the issues raised by Senator Colm Burke. It will also extend the current legal aid scheme for the next of kin at an inquest to cases of maternal or late maternal deaths.

A number of points and queries were raised. I again thank Senators for their contributions.Senator Colm Burke raised a query about a medical practitioner requesting an inquest. This engagement on the part of a medical practitioner will take place earlier in the process. A doctor who may, for example, have been involved in treating a person prior to death will make immediate contact with the coroner after death. The doctor will state whether he or she can certify the death as being natural. This process, expressly provided for in the Bill, arises where, for example, a doctor is unable or unwilling to certify the death. This, of course, will give rise to a situation where further inquiry will be made by the coroner. In the event of the doctor having any concern, the coroner will normally direct a post mortem. If the post mortem does not, at that stage, resolve any concerns or uncertainties arising, then an inquest will be directed by the coroner.

The Senator also raised the important issue of delays. He is correct that there are often circumstances in which families or interested parties find it difficult to accept a lengthy lapse of time. Oftentimes, that gives rise to a greater level of upset, stress and trauma. Every effort is made by coroners to ensure that such inquests are held within a reasonable timeframe. However, among the amendments I intend to bring forward on Report Stage is one that will make further provision regarding adjournment of inquests, including where there may well be criminal proceedings. An amendment will address the need for the coroner and particularly the bereaved family to be kept fully informed of the progress of proceedings. If there is a reason or justification for an adjournment or time lapse, that will be made clear to the interested parties, particularly the family of the deceased. There will, of course, be a need to avoid any delay that could be regarded as undue or which gives rise to further difficulties. We will come back to that point on Committee Stage.

In conclusion, the Bill introduces a range of clear reforms to strengthen the powers of the coroner, to help reinforce investigations of deaths and inquests. It will ensure clarity for responsible persons, including hospital authorities, in ensuring that those deaths reportable to the coroner are reported and in a timely manner. The changes will support the development of transparent and accountable oversight for investigating certain types of deaths and will support timely and coherent provision of information to bereaved families by the health and other authorities.

In my introduction, I acknowledged the contribution of Deputy Clare Daly over and above others. There were others who contributed in the Lower House. I also acknowledge what Senator Bacik has said about some of her colleagues and, indeed, the expertise of Senator Colm Burke. I am happy to repeat the acknowledgement of Deputy Clare Daly in particular.

This important Bill responds to the demands of the next of kin, concerns expressed in this House, in Dáil Éireann and in society in general and I hope, with the co-operation of Senators, that we can facilitate passage of the Bill before the summer recess. I do not wish to take anybody short but I formally notify Senators that I have requested early dates for Committee and Report Stages, perhaps next week and the following one. As Senators will know from my engagement on the Judicial Appointments Commission Bill, I am entirely in the hands of the Senate on these issues. I am determined that the Bill is prioritised and would like it to proceed in early course.