Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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288. To ask the Tánaiste and Minister for Justice and Equality if he met with persons (details supplied) to discuss their campaign for legislative reform; the outcome of the meeting; and if he will raise the matter directly with the Minister for Health. [3335/18]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy will be aware, I met with the persons concerned on 17 January, 2018 to hear their concerns concerning the medico-legal investigations surrounding the tragic death of their son in 2013.

Our meeting was arranged following an earlier, very brief meeting, after the Seanad debate on a Private Member's Bill promoted by the Deputy's colleague Senator Padraig Mac Lochlainn on Wednesday 18 October, 2017. The Bill proposed to insert a new section 29A in the Coroners Act 1962 to:

(i) provide for the possibility of a verdict of Iatrogenic Suicide,

(ii) define Iatrogenic Suicide as “the ending of one’s own life where the effect of medical treatment undertaken by the deceased, including any prescribed medication, is the primary cause of such an action”, and

(iii) provide a safeguard clause so that this verdict does not contravene section 30 of the Act of 1962 as far as they apportion of civil or criminal liability is concerned.

As I explained then to the Seanad, the Government's position on introducing a verdict of iatrogenic suicide was and remains that:

- while the proposal is well intentioned, it cannot be supported primarily for the reason that acceptance of the definition and, of a verdict of ‘iatrogenic suicide’, would risk the inquest apportioning some liability on the medical practitioner who may have prescribed the treatment or medication for the deceased person,

- the coroner's inquest cannot consider questions of civil or criminal liability and section 30 of the Coroners Act 1962 specifically provides against such consideration, 

- a sufficient range of verdicts is available to coroners including of suicide, open or medical misadventure.

I intend, in the forthcoming Coroners (Amendment) Bill to provide for a wider scope at inquests from investigating the immediate cause of death to looking also at the wider circumstances in which the person died. However, this Bill will not propose any change to coroners’ independence, nor to the existing rule that the coroner’s verdict may not seek to decide any question of civil or criminal liability. Liability in that regard must remain a matter for the courts. 

I had the opportunity again at the meeting with the persons concerned to express my deepest sympathies over their loss. However, I had also to explain why it was not possible to support their campaign concerning a verdict of iatrogenic suicide. In addition, the Office of the Attorney General had advised that it would be legally unsound since such a new verdict would be capable of ascribing criminal liability to a person or persons who would be readily identifiable.

The Coroners Society of Ireland was also opposed to the proposal on iatrogenic suicide.

With regard to non-coronial medical matters, I would be happy to assist the persons concerned to arrange a meeting with the Minister for Health.