Written answers

Tuesday, 7 November 2006

Department of Justice, Equality and Law Reform

Coroners Service

8:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 93: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the requirement of the Dublin city coroner for doctors to report to him all cases of deaths from MRSA prior to the signing of death certificates; if he will make this a requirement throughout the State; and if he will make a statement on the matter. [35573/06]

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Question 148: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, further to a decision recently by a person (details supplied) that all deaths attributable to MRSA are reported to the coroners and be put on death certificates, this will be made mandatory nationwide; and if he will make a statement on the matter. [35487/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 93 and 148 together.

In my reply to Question 109 of 2 November, 2006, I noted that the circumstances under which a death is reported to the relevant coroner falls within the jurisdiction of that coroner, being a quasi judicial authority charged with the independent investigation of death. A coroner has the entitlement, under section 18 of the 1962 Coroners Act, to require that certain information in regard to certain types of deaths be provided. It is a matter for the coroner to determine what information regarding a death he or she requires in order to carry out his function. I have no role in this process.

My understanding is that there has been contact between the Health Service Executive and the Dublin City Coroner's office on the specific matter raised by the Deputies. I take it that it is in this context that the Dublin City Coroner has requested such information from hospitals within his jurisdiction with regard to the concerns in ensuring proper death certification where MRSA may be involved.

Again, I understand that other coroners, either formally or informally may also have requested or are informed of such information from hospitals within their jurisdiction so as to ensure that the most appropriate information is conveyed in the death certificate.

As indicated in the Government's Legislative Programme published on 26 September, 2006, the Coroners Bill is in the course of being drafted with a view to publication later in the year. My proposals for a Bill to comprehensively reform the legislation relating to coroners and the organisation of the coroner service are available on my Department's website having been approved by the Government for drafting. The new legislation will radically overhaul and reform the coroner service. It will provide for a modernisation of the death investigation, post-mortem and inquest procedures so as to ensure a better service to society in general, and to the relatives of the deceased in particular, than is currently possible under the 1962 Coroners Act.

There are two critical elements involved in the reform of the service which will be reflected in the new legislation. These are:

1. Development of optimum structures and administration for a modern coroner service and

2. Widening the scope of the inquest.

The Bill gives effect to the recommendations of the Report of the Working Group on the Review of the Coroner Service and it takes into account relevant jurisprudence of our courts and the European Court of Human Rights.

Finally, I would like to refer the Deputies to the Minister for Health and Children's comprehensive reply to Deputy Ó Caoláin's Parliamentary Question of 1 November, 2006 (No. 35573/06) concerning MRSA.

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