Kevin Humphreys (Dublin South East, Labour)
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Question 18: To ask the Minister for Justice and Equality if he will reintroduce the Coroners Bill 2007 to enable an overhaul of the Coroners Service, allowing the modernisation of death investigation, post-mortem and inquest procedures, and ensuring that Ireland complies with European jurisprudence and our obligations under Article 2 of the European Convention on Human Rights in order that those who die in the care or custody of the State are guaranteed in law a public inquiry; and if he will make a statement on the matter. [37880/11]

Alan Shatter (Dublin South, Fine Gael)
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The Coroners Bill 2007 is before the Seanad having been restored to the Order Paper on my initiative. The Bill is in the course of being reviewed in my Department with a view, among other matters, to making it as cost-effective as possible. The Bill, as published, provides for the comprehensive reform of the existing legislation and structures relating to coroners and provides for the establishment of a new Coroner Service. The Bill incorporates many of the recommendations made by the Coroners Review Group in 2000 and the Coroners Rules Committee in 2003 and it aims to fulfil various obligations placed on the State by the European Convention on Human Rights and, particularly, the Article 2 requirement in relation to the investigation of deaths of people involving the State. The Civil Law (Miscellaneous Provisions) Act 2011 provides for some early reforms in coronial matters, including an amalgamation of the Dublin County and City coronial districts.

The Deputy will appreciate that the inquest is the main means by which the State fulfils its obligations under Article 2 of the Convention to investigate objectively and publicly any death that involves State authorities. At present, all deaths in prison custody are the subject of a Garda investigation and an inquest held by a coroner. The cause of death is determined by a jury on the basis of the information presented to the coroner. The circumstances of each death in prison custody are also examined by a multi-disciplinary group in each institution. The objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future. The Prison Rules 2007 are also being amended to reflect the recommendations of Inspector of Prisons in his report "Guidance on Best Practice relating to the Investigation of Deaths in Prison Custody". The effect of the amendment proposed will provide for an investigation which will be robust, independent and transparent. Investigations will be conducted by independent persons who will undertake an investigation into all deaths in prison. In the interim, the Irish Prison Service has, on an administrative basis, put in place an independent process for the investigation of deaths in prison in advance of the matter being placed on a statutory footing. This independent investigative system has been in place since March 2011.

Deaths in Garda custody, widely defined, are also the subject of distinct independent investigations. A death in Garda custody is defined as a death which takes place in the period after a person comes into the custody and control of a member of the Garda Síochána and before they leave Garda custody and control. It includes, for example, not only a death at the time of arrest, or in a Garda station, but the death of a person in hospital for treatment while still in Garda custody. Such deaths are the subject of an inquest but, in addition, under section 102(1) of the Garda Síochána Act 2005, the Garda Commissioner is required to refer to the Garda Síochána Ombudsman Commission any matter that appears to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of or serious harm to a person, and the Ombudsman Commission must immediately conduct its own independent investigation into the matter. As matters stand under the Human Rights Act 2003, our courts are required to interpret Irish legislation in so far as possible in a manner compatible with the State's obligations under the European Convention provisions. It means that coroner law is enabled to be interpreted in a manner compatible with Convention law and jurisprudence. It is my intention to progress the Coroners Bill as soon as possible in the New Year.