Pat Rabbitte (Dublin South West, Labour)
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Question 15: To ask the Minister for Justice, Equality and Law Reform his proposals for reform of the Chief State Pathologist's Office; if it is intended to introduce a new system whereby homicide cases would be handled by two pathologists; the discussions he has had with the Chief State Pathologist on this issue; and if he will make a statement on the matter. [22124/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy may be aware, I have already signalled the fact that I am exploring a number of possibilities aimed at further enhancing the services provided by the State Pathologist's Office. This exercise, which is taking place in consultation with the Chief State Pathologist, is in train at the moment and until such time as I have made a decision in this matter it would be premature to say anything further.

I can, however, say that I have already authorised a number of initiatives to support the operation of the office which include the provision of a driver service — which is already in place, as well as the provision of new office and laboratory facilities, which are in planning. I can also confirm to the Deputy that the resources assigned by me to the Office have increased by more than 30% since 2003 and that further such resources will be deployed to meet emerging service needs.

Insofar as the possibility of assigning two pathologists to each homicide case is concerned, this option has been the subject of consideration and discussion between my officials and the State Pathologist. There are advantages to the approach but it is not the norm in the common law world and is closely associated with the particular needs of the Scottish legal system.

There are two focal issues for consideration; (a) reducing the risk that vital evidence might be lost due to the unavailability of a single pathologist (b) providing for peer review in important cases. The State Pathologist favours peer review in all homicide cases and in certain circumstances in other cases.

As regard preserving pathologist's evidence by deposition, my Department intends to consult the Attorney General's Office on such a proposal. The issue of having two pathologists present at such autopsies with a view to reducing the risk of either being unavailable as a witness is also being considered.