Alice-Mary Higgins (Independent) | Oireachtas source

This is one of the key pieces. The Minister of State will be aware of the many recommendations arising from the committee pre-legislative examination of this legislation and others. I understand that what is ruled in and out of order is not the Minister of State’s decision but I regret the House’s decision on matters like the tribunals of inquiry and the safety checks and balances. While the Bill addresses the functioning of the investigatory unit and so forth, the question of the checks and balances and how the unit fits in with the wider architecture, which is part of ensuring its independence and effectiveness, is the missing piece.

There had been proposals on what the review mechanism would be in terms of investigations and what a tribunal of inquiry would look like in respect of the practices of investigations. However, I wish to explicitly raise the question of the coroners’ courts, what the engagement of the investigators with them will be and how they will be part of that, because it touches on the question of search and rescue, in which context there are sometimes significant marine casualties, sadly. Perhaps this is covered by the coroners legislation, but it is important that the Minister of State at least give verbal assurance to the House that investigators under this legislation will be expected to give full co-operation to the coroners’ courts, including in the provision of relevant evidence. It may be covered by the coroners' end of the legislation and might not need to be inserted here, but as we are setting up this new unit, it is important there be no ambiguity in their responsibility. We know there have been situations of marine casualties where coroners’ investigations have been required.