Mary White (Fianna Fail)
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This matter relates to the reform of legislation relating to inquests involving Northern Ireland residents who die in the Republic of Ireland, particularly in the light of the request of the Irish Human Rights Commission and the Northern Irish Human Rights Commission on 5 May for an inquest, under Article 2 of the European Convention on Human Rights, into the murder of Mr. Denis Donaldson in County Donegal in 2006. I am asking that the Minister for Justice and Equality take the necessary steps to facilitate this request.

Kathleen Lynch (Cork North Central, Labour)
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I thank the Senator for and appreciate her brevity. I also thank her for raising this matter, which I am taking on behalf of the Minister for Justice and Equality, Deputy Shatter.

The murder of the person to whom the Senator refers is the subject of an active and ongoing criminal investigation by An Garda Síochána. In that context, the House will appreciate that we must be judicious in our comments with regard to the case. I am sure the Senator is well aware of that. There is never any justification for the violent taking of human life. An Garda Síochána will vigorously pursue all leads in its investigations into brutal crimes of this nature. That is the position regardless of the circumstances in which a crime was committed. In accordance with the legislation relating to a death which may have occurred in a violent or unnatural manner, there is a duty on the coroner for the relevant district to hold an inquest into the death. Accordingly, the death of the person in question is the subject of a coroner's inquest. I am aware that the inquest has been adjourned on several occasions for reasons with which I will deal later.

The legislation governing matters relating to coroners is the Coroners Act 1962 and subsequent amendments thereto. This legislation, which is under review in the context of legislative proposals in this area, provides that a coroner is a statutory officer exercising quasi-judicial functions in respect of which he or she is independent. The House should be conscious, therefore, that neither the Minister for Justice and Equality nor his Department have any role in individual cases which may be the subject of an inquest. Under the legislation to which I refer, where a coroner believes that a death was violent, unnatural or happened suddenly and from unknown causes, he or she will hold an inquest to establish the facts of how the person died. The function of a coroner's inquest is not to decide if someone is legally responsible for a person's death. Rather, it is solely intended to establish the identity of the deceased and when, where and how the death occurred. The Coroners Act 1962 makes explicit provision that prohibits a coroner's inquest from considering questions of civil or criminal liability or from censuring or exonerating any person.

I emphasise that in circumstances where a coroner's inquest is required, the conduct of such an inquest for residents of Northern Ireland who die in the State is no different from that relating to inquests for residents of the State who die here. I reiterate that the Minister has no role in respect of the conduct of inquests. That is entirely a matter for the coroner in accordance with the legislation related to coroners.

With regard to the comment made in a joint statement issued on 5 May this year by the Irish Human Rights Commission and the Northern Ireland Human Rights Commission, the incorporation of the European Convention on Human Rights into Irish law means that the coroner must have regard to the convention, including Article 2. I have no doubt that the inquest in respect of the death of the person in question in this instance meets the highest international standards and that it fully complies with Article 2. The commissions also expressed concern that the Coroner's inquest in this case has not yet been concluded. I am sure the House is already aware that it is the usual practice in cases where an investigation is ongoing that the Garda Síochána would request the adjournment of an inquest to avoid the possibility arising that the proceedings of the inquest might prejudice a criminal investigation. This is specifically provided for in section 25 of the Coroners Act 1962.

The commissions further indicated that the family of the person in question is concerned about the lack of information available to it from the Garda Síochána. In that context, the Minister has been informed by the Garda authorities that it is the family's wish that the force should liaise with its solicitor and this is being done. However, the Garda authorities remain ready to facilitate requests from the family to brief it on progress with the murder investigation. As stated earlier, the Garda investigation into the murder of the person to whom the Senator refers remains open and active. Information provided by the Garda authorities indicates that a number of lines of inquiry continue to be pursued by the investigation team. Bringing those involved in this killing to justice must remain the priority. I hope what I have said will be of some assistance to the Senator.

Mary White (Fianna Fail)
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I thank the Minister of State. Mr. Donaldson was an Irish citizen but there are different standards for Irish citizens in the two jurisdictions on this island. An inquest into anyone killed in the North - in circumstances where state agencies may have direct or indirect knowledge or involvement - must be compliant with Article 2 of the European Convention on Human Rights. This is not merely the whim of the British Government or that of the Assembly of the Six Counties, it is a requirement of the European Court of Human Rights. The inquest system in the Twenty-Six Counties is not compliant with Article 2. Under the system in the Six Counties, state agencies are compelled to bring forward information and senior serving and former members of the police and other state agencies are obliged to co-operate with inquests. The cross-jurisdictional issues to which I refer arise in the case of Denis Donaldson. Many other Irish citizens have been affected by these issues and there is a need for cross-Border co-operation so that they might be resolved.

Kathleen Lynch (Cork North Central, Labour)
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I am aware that the Senator is passionate about these issues and I respect her for that. I am assured that we comply with Article 2. However, I take on board what the Senator said and I will make further inquiries on her behalf. The investigation is active and ongoing and - even from commonsense point of view if not legally - it could prove prejudicial if the groups of people to whom Article 2 refers were to go before a coroner's court in open session and provide the type of information that would be requested.

Mary White (Fianna Fail)
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Dr. Maurice Manning, president of the Irish Human Rights Commission, stated, in respect of this issue, that there is an urgent need to reform the law on inquests in this jurisdiction.