Barry Ward (Fine Gael) | Oireachtas source

I agree with Senator Horkan that it is important to take on board what the Coroners Society of Ireland is saying. It has written to the Minister and to Members of both Houses. Engagement with it is important. I said this on Second Stage. I know a public consultation was opened by the Minister, Deputy McEntee, in October. I was aware of it. It seems the Coroners Society of Ireland was not consulted. It claims it was not. I cannot say anything beyond what it said in its letter. However, in those circumstances in particular, I think it is important that they be engaged with in advance of the Bill going before the Dáil.

I acknowledge what the Minister of State, Deputy Richmond, has said. I recognise the urgency of this Bill. There are provisions in this that need to be passed. There are no two ways about that. I also say the Bill goes beyond that. In this amendment, which I propose to withdraw in a moment, I am doing exactly what the Minister of State has said by giving the Minister discretion. He makes reference to section 15 of the 1962 Act, which is to be amended by section 10 of this Bill. That again deals with dismissals of coroners. I respectfully suggest that is different from what section 14A does. It sets out criteria, but importantly section 15(1) states that the Minister may remove a coroner or deputy coroner from office where he or she is satisfied that one or more of the specified grounds is in place. It states "may", not "shall", whereas section 14A states that this person "shall not be eligible". There is a difference. In fact, if we are relying on section 15, which I have not proposed to amend and which is being amended by section 10 of this Bill, as a precedent for what the Minister should or should not do, it gives the Minister of the day the discretion to remove a coroner on the basis of the criteria. I again have no difficulty with the criteria, in the same way I have no difficulty with the criteria in the proposed section 14A. I have a difficulty with tying the hands of the future Minister. Let us have faith that our Ministers can exercise discretion in a reasonable way. I appreciate what the Minister of State, Deputy Richmond, has said. I appreciate that there will be a consideration of the issue, and on that basis I am happy to withdraw the amendment.