Charles Flanagan (Laois, Fine Gael) | Oireachtas source

These amendments insert into the Bill a further provision for situations where a designated GSOC officer is assisting the coroner, in place of a garda, in a death which is also the subject of a GSOC investigation under Part 4 of the Garda Síochána Act 2005. Section 33 of the Bill already inserts a new section 101A into the 2005 Act to make express provision for a GSOC designated officer to perform the assistance functions expressly set out for a garda in the Coroners Act 1962 and provide such other assistance to the coroner as would normally be provided by a garda in regard to the inquest.The proposed amendments Nos. 10 to 12, inclusive, add a new subsection to a new section 101A of the Garda Síochána Act 2005 to add, for the avoidance of any doubt, that while performing such functions or providing such assistance, the GSOC designated officer continues to have all the powers, immunities and privileges, and all the duties and obligations of a member of An Garda Síochána, whether statutory or common law. Such immunities and privileges should be expressly provided to avoid any possible risk of purely technical legal defects in the officer, for example, entering on private property to serve a summons. I ask for support for the amendment.

Amendment No. 11 is a technical amendment. Amendment No. 12 is the substantive amendment in this grouping. As I have already outlined, it adds a new subsection to a new section 101A of the Garda Síochána Act 2005 to add, for the avoidance of any doubt, that while performing statutory functions of assistance to the coroner’s inquiry into a death or otherwise assisting the coroner in relation to the inquest into that death in place of a garda, a GSOC designated officer will have all the powers, immunities and privileges enjoyed by a member of an Garda Síochána, whether statutory or common law. Again, I ask that the amendment be supported.

For the benefit of Senators, in particular Senator Ó Donnghaile who raised this matter, I have a small number of further amendments which are being finalised, subject to the advice of the Attorney General, and which I hope to table on Report Stage. These include a possible provision to extend the retirement age of coroners from 70 to 72 years; a possible further administrative updating of provisions regarding, in particular, the Dublin coroner district; and a provision setting out general rules and guiding principles for the making of detailed regulations on appropriate and respectful treatment of human tissue or organs removed for post mortem or inquest. I am keen that we move to Report Stage next week and I do not expect that there will be any delay in finalising these decisions. The amendments will be circulated in advance of the debate.