Seanad debates

Wednesday, 23 February 2022

Coroners (Provision for Jury Selection) (Amendment) Bill 2022: Second Stage

 

10:30 am

Photo of Fintan WarfieldFintan Warfield (Sinn Fein) | Oireachtas source

I note the tireless determination of the families. It is an honour to have them here in the Chamber. They are very welcome here. These are their Houses. I am also very proud to call Senator Boylan a colleague. I commend her on her work, and I am proud to co-sign this legislation.

As Senator Boylan stated, the Bill involves a basic amendment to the Coroners Act 1962 to deal with the transparent process of jury selection, as we have in criminal court cases. More than 20 years ago - it is hard to imagine that 2000 is well over 20 years ago - the Department of Justice recognised that the inquest system was not fit for purpose and it established a working group to look at how that could be addressed. In 2021, due to frustration with the ongoing lack of progress and the experience of people directly affected by the failings of the coroners process, the ICCL produced an updated report. That report set out 52 recommendations. Recommendations 44 and 45 of the report call for juries to be randomly selected from the electoral register and, in high-profile or contested cases, for lawyers representing interested parties to be able to challenge the constitution of the jury.

The Stardust inquest will be the largest inquest in the history of the State. It ill be watched around the world. The bare minimum that should be expected is that the evidence will be heard by a jury that is selected in a manner that is transparent and representative of wider society. Likewise, any suggestion that an inquest of this size could be heard without a jury, a suggestion recently made by the Government, should be dismissed under section 40 of the Coroners Act. The Bill allows for the simple and transparent selection process of the jury at the Stardust inquest, similar to the jury selection for a criminal court case. Under the current inquest process, the jury is selected by An Garda Síochána. As I said, this inquest will be the largest in the history of the State and will be watched internationally. At a bare minimum, it should be heard by a jury selected in a manner that is transparent and representative of wider society. It would not be appropriate for An Garda Síochána, which is part of this inquest, to select that jury.

This is simple legislation. I am proud to co-sign it. The families have had enough of judge-led investigations. They have a right to have the evidence heard by a jury of their peers. My understanding is that the coroner involved in this case wants a jury. I know that Senator Boylan will come in at the end of the debate to expand on that point. I welcome the families again to their Houses and thank them for coming. I am proud to co-sign the Bill and I appreciate that the Government will not oppose it.

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