Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I thank Senator Ward for placing these amendments and thank Senator Horkan for speaking to them. As laid out by Senator Ward, amendments Nos. 1, 2 and 5 propose a revised wording of section 6B of the Act which seeks to overturn the future designation of coroners as civil servants. The Minister is satisfied that there is no inconsistency between the classification of coroners as civil servants of the State and the requirement for coroners to maintain full independence in the performance of their statutory functions. No change has been made in the Bill in relation to the functions of coroners and their ancillary powers. The classification of coroners as civil servants of the State, to which Senator Ward alluded, has been comprehensively considered by the Office of the Attorney General, particularly in regard to the question of independence, and no concerns arise. There are statutory precedents in regard to officeholders who are classified as civil servants of the State and who are fully independent in the proper performance of their statutory functions. Various quasi-judicial or otherwise fully independent officeholders, such as the deputy master of the High Court, the Examiner of the High Court and the Director of Public Prosecutions, are civil servants of the State.

Amendment No. 2 proposes the deletion of four changes to be introduced by means of section 2(6C) to (6F). Subsection (6C) requires that any person to be appointed under subsection (6A) shall not without the consent of the Minister hold any salaried office or position or carry on any other business, trade or profession. This requirement reflects the high level of commitment associated with the role of the coroner in the Dublin district and provides a process for ensuring that any other remunerated work undertaken by the coroner will not unduly impinge on their duties.

Subsection (6D) is a consequential amendment related to the classification of coroners in Dublin as civil servants of the State. It disapplies section 14A as Dublin coroners will be subject to ineligibility provisions applicable to civil servants of the State.

Subsection (6E) disapplies the provisions of the 1962 Act relating to the ability to appoint deputy coroners and coroners appointed in future to the Dublin district. This change reflects the fact that the role of the deputy coroner has, in effect, become redundant in light of the multiplicity of coroners to be appointed for the Dublin district. The retention of the role of the deputy coroner in the Dublin region cannot be justified in light of the need for economies in terms of public resources. Subsection (6E) also disapplies the removal procedures for coroners in the Dublin district as they will be subject to the removal position provisions applicable to civil servants of the State.

Subsection (6F) is a technical measure that seeks to put beyond doubt that the deputy coroner position in the Dublin district ceases with immediate effect. The discontinuation measure expressly overrides any other provisions of the legislation which potentially could be construed otherwise.

In regard to section 10, amendment No. 5 is a consequential technical adjustment relating to the proposed deletion of the proposed section 6A(6E). This amendment refers to the ability to appoint deputy coroners and the disapplication of removal provisions for coroners in the Dublin district. I have addressed this amendment under amendment No. 2.

For the policy reasons I have outlined, I do not propose to accept the amendments.