Written answers

Tuesday, 1 October 2013

Department of Justice and Equality

Proposed Legislation

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
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516. To ask the Minister for Justice and Equality in relation to the Coroners Bill 2007, if he will enact the legislation in its present format; when the bill will be progressed; and if he will make a statement on the matter. [41146/13]

Photo of Alan ShatterAlan 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, 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. It will permit the State to better provide for the fulfilment of its obligations under the European Convention on Human Rights and, in particular, in regard to the Article 2 requirement to ensure an effective investigation of deaths of persons where the circumstances of the death may involve the State.

The key elements of the Bill include--

- enhancing inquiry and inquest processes,

- establishing the office of Chief Coroner to provide leadership and direction in all coronial matters;

- providing the necessary legal framework for the establishment of a new Coroner Service;

- moving to a smaller number of full-time coroners;

- statutory requirement to ensure that family members are notified at significant steps of the coronial process;

- clarifying a specific regime for coroner post-mortem examinations, including provision for retention and release of body parts and bodily samples, and

- promoting cooperation between coroners and other agencies also involved in investigations of deaths.

The Bill is in the course of being reviewed within my Department. Demands on this important service have grown significantly in recent years. The numbers of deaths reported to coroners increased from 12,124 in 2007 to 15,403 in 2012. It is necessary to consider the impact of any relevant legal and medical developments since publication in April 2007. It is also necessary to examine the proposed administrative structures in regard to the future provision of an improved coronial service to determine whether they remain appropriate and cost effective.

While it would be my wish to be in a position to progress this important Bill, it is not possible to indicate with any certainty at this point, the likely time table in that regard. The Deputy will be aware that a number of early reform measures in regard to the coroners service have been taken. The Courts and Civil Law (Miscellaneous Provisions) Act 2013 included amendments to the Coroners Act 1962 and the Civil Legal Aid Act 1995 to provide for the provision of legal advice and legal aid in respect of certain inquests. The Civil Law (Miscellaneous Provisions) Act 2011 provided for some early reforms in coronial matters, including an amalgamation of the Dublin County and City coronial districts.

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