Hildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

This amendment is related to the previous amendments and my comments on those are valid in this instance. Amendment No. 9 seeks to replicate the provisions of section 16 of the 1976 Act regarding the inspection of a panel of jurors. However, it is clear that the purpose of the information concerned under that Act is essentially to enable a challenge to a juror in a criminal trial and civil proceedings at which liability is to be determined between opposing parties. Therefore, the inclusion of such a provision is not appropriate to an inquest situation. No disadvantage arises in this respect for any interested person concerned with the inquest. The selection of the inquest jury must remain clearly in the exclusive remit of the coroner, who is independent in the performance of her functions.

Section 57(2) provides:

Before the selection is begun the coroner for the coroner’s district of Dublin shall— (a) warn the jurors present that they must not serve if they are ineligible or disqualified and as to the penalty under section 62for doing so, and

(b) he or she shall invite any person who knows that he or she is not qualified to serve or who is in doubt as to whether he or she is qualified or who may have an interest in or connection with the Stardust inquest concerned to communicate the fact to the coroner (either orally or otherwise as the coroner may direct or authorise) if he or she is selected on the ballot.

I hope that Senator can appreciate this situation and that I cannot accept the amendment.