Written answers

Thursday, 12 May 2011

Department of Justice, Equality and Defence

Road Traffic Accidents

3:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context

Question 105: To ask the Minister for Justice and Equality the legal basis for withholding the Garda abstract report, copies of statements of witnesses, sketches and maps of the scene from families who have lost a loved one in a fatal road collision until after the coroner's inquest has been heard in view of the fact that these documents contain vital information for families and are required by them in advance of the coroner's inquest in order to assist them in preparing for same; and if he will make a statement on the matter. [10989/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Coroners are independent office holders with responsibility under the law - the Coroners Act 1962 - for the medicolegal investigation of the circumstances of sudden, unexplained, violent and unnatural deaths. That Act makes no reference to the disclosure of particular documentation to families prior to inquest. Disclosure is at the discretion of the coroner, having regard to the circumstances involved in the particular case and the requirement for fair procedures.

While neither I nor my Department have any role in individual cases, I understand that the general tendency is towards the release of documents prior to inquest. I suggest that the family contact the relevant Coroner's Office to discuss the matter. Should it become apparent to me that such documentation is not as a general rule being released to families I will give consideration to the enactment of legislation on the matter.

Comments

No comments

Log in or join to post a public comment.