Charles Flanagan (Laois, Fine Gael) | Oireachtas source

This series of amendments relates to the adjournment of an inquest and the coroner's obligation to direct a post-mortem examination in a case where criminal proceedings are either under consideration or have been initiated into the death of the person concerned. Section 25 of the principal Act, as Senators will be aware, already provides that the coroner shall adjourn the inquest on request of a Garda officer of rank not less than inspector in either of the following situations. The first is where the request is on the grounds that criminal proceedings are being considered. Section 25(1) provides that: "the coroner shall adjourn the inquest for such period as he thinks proper and shall further adjourn the inquest for similar periods so often as a member of the Garda Síochána not below the rank of inspector requests him on the ground aforesaid so to do." The second is where the request is on the grounds that criminal proceedings have been instituted. Section 25(2) provides that "the coroner shall adjourn the inquest until such proceedings have been finally determined".

The group of amendments I am introducing makes provision for an adjournment along identical lines where the lead investigating agency regarding any criminal proceedings in relation to the death of a person is not an Garda Síochána, but the Defence Forces or the Garda Síochána Ombudsman Commission, GSOC. This will only arise in a limited number of cases. The amendments specify that the Defence Forces are the lead investigating agency only where the death is that of a person who is subject to military law, under the Defence Acts 1954 to 2015. This will be the case for members of the Defence Forces who die while in active service, or in service custody.

The amendments also specify that GSOC is the lead investigating agency only where there is a GSOC investigation under Part 4 of the Garda Síochána Act 2005 into the death in question.That is provided for in the definition of "relevant Ombudsman Commission investigation" contained in section 2 of the Bill.

Section 18 inserts a new section 33A into the principal Act, making more comprehensive and detailed provision on the categories of deaths where the coroner has a duty to direct a post mortem examination. That section already makes mandatory provision for a post mortem examination in cases where An Garda Síochána, or the Defence Forces or GSOC as lead investigating agency, so requests. I am proposing to make several amendments to section 18 to refer more precisely to the scope of Defence Forces and GSOC investigations and for consistency with the other amendments in this grouping.

Section 40(3) of the principal Act provides that the coroner is not obliged to empanel a jury for an inquest sitting at which a Garda officer of rank not lower than inspector will apply for adjournment on the grounds that criminal proceedings into the death concerned are being considered or have already been instituted. These amendments make changes to section 40(3) to avoid an obligation to empanel a jury unnecessarily, where the adjournment is requested by an appropriate officer of the Defence Forces or of GSOC in the small range of cases where that body, and not An Garda Síochána, is the lead investigating agency. The amendments reflect existing practice, but it is preferable to make express statutory provision in this regard.

Amendment No. 2 is the most substantial amendment in this grouping. It amends section 25 of the Principal Act to provide that the coroner shall adjourn an inquest on the request of an appropriate officer of the Defence Forces or of GSOC in the specific range of deaths where either of those bodies is the lead investigating agency under statute and is considering criminal proceedings in respect of the death or such proceedings have been instituted.