Clare Daly (Dublin North, United Left)
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410. To ask the Minister for Justice and Equality in view of the eight maternal deaths through medical misadventure between 2007 and 2012, and the fact that details which led to a verdict of medical misadventure only emerged during the course of inquests hard-fought for by family members of the deceased, if she will institute a system whereby maternal deaths in Health Service Executive hospitals are automatically subject to inquest [14705/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Currently, under the Coroners Act 1962any death which is sudden, unexpected, unexplained, or not due to natural causes must be reported to the Coroner. Categories of death which must specifically be reported include deaths:

- resulting directly or indirectly from any surgical or medical treatment or procedure,

- where there is any allegation of medical negligence, misconduct or malpractice on the part of any registered medical practitioner, nurse or other person,

- occurring during a surgical operation or anaesthesia.

The Coroners Bill 2007 includes a specific requirement (at section 25 and Third Schedule point 11) that any maternal death occurring during or following pregnancy - up to six weeks post-partum - or that might be reasonably related to pregnancy, must be reported to the coroner.

As the Deputy will know, the Coroners Bill provides for a comprehensive reform of the Coroners Act 1962 and of the existing coroner system. I can confirm to the Deputy that a review of the Coroners Bill 2007 has commenced, at my request, with a view to developing a plan for its progression. As finalising the review is dependent on competing legislative priorities, I am not in a position, at present, to give a definitive indication on a timeframe for this project.

In the meantime, my understanding is that, although there is no formal legal requirement, maternal deaths are already treated as deaths which must be reported to the coroner as a 'rule of practice'. This is reflected in the Coroners Service website and by the website of the Dublin City Coroner which describes them as reportable under rules of practice.

The decision on whether to hold an inquest is made by the coroner who is an independent quasi-judicial officer and whose powers and duties are prescribed by law.

Under the Coroners Act, the coroner musthold an inquest into a death reported to him or her if she or he is of the opinion that the death may be unnatural, or from unknown causes. In reaching such a decision the coroner will take account of any concerns expressed to him or her by the family of the deceased.

It should be borne in mind that an automatic rule requiring an inquest into anymaternal death in a hospital, regardless of its circumstances, could impose unnecessary further distress to the deceased's family.