Written answers

Thursday, 24 November 2016

Department of Justice and Equality

Coroners Service

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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45. To ask the Minister for Justice and Equality if it is within her remit to direct an inquest to be held by a coroner; if she can direct an inquest into the death of a person (details supplied); and if she will make a statement on the matter. [36630/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is that the obligation on a coroner to hold an inquest lies in Section 17 of the Coroners Act 1962, as amended, where the body of a deceased person is lying in his or her district. There may be circumstances, such as in the case of a missing person, where a coroner has reason to believe that a death has occurred and that an inquest would be appropriate in the particular case, even though a body has not been recovered. In this regard Section 23 of the Coroners Act states that -

"Whenever a coroner has reason to believe that a death has occurred in or near his district in such circumstances that an inquest is appropriate and that, owing to the destruction of the body or its being irrecoverable, an inquest cannot be held except by virtue of this section, the Minister may, if he so thinks proper, direct an inquest in relation to the death to be held by that coroner or another coroner, and thereupon the coroner so directed shall hold an inquest in relation to the death in like manner as if the body were lying within his district and had been viewed by him."

The application of Section 23 in the case referred to by the Deputy has been raised in correspondence received in my Department and I can assure the Deputy that I have had the legal issues involved carefully examined. The important point is that Section 23 does not empower me to issue a direction to hold an inquest where the coroner does not believe that such an inquest is appropriate. In relation to the particular case in question I am advised that the Coroner is of the opinion that an inquest would not be appropriate at this time. In such circumstances the question of me, as Minister, directing an inquest does not arise.

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