Denise Mitchell (Dublin Bay North, Sinn Fein)
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738. To ask the Tánaiste and Minister for Justice and Equality if she will provide an update regarding a legislative proposal to address concerns in relation to jury selection and income protection with regard to the upcoming Stardust inquest; and if she will make a statement on the matter. [14016/22]

Helen McEntee (Meath East, Fine Gael)
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I want to acknowledge the suffering of the families of all the victims of the Stardust tragedy and to commend them for their determination in keeping the memories of their loved ones alive in the years since.

The role of my Department is to support the Senior Dublin Coroner, Dr. Myra Cullinane, who has been tasked with carrying out the inquests. The Coroner by law is fully independent in the conduct of the inquests.

Section 43 of the Coroners Act 1962 prescribes the method of jury selection for an inquest. The provisions of the Juries Act 1976, apart from one section on liability to serve on an inquest jury, do not apply. These provisions of the Juries Act relate to trials. There is no trial at an inquest; it is not an adversarial process. Rather it is a fact-finding process. No matters of criminal or civil liability or exoneration may be pronounced by the jury or the coroner at an inquest.

There is no statutory authority under the Coroners Act to prescribe fees or expenses to jurors for service at inquests when summoned so do so by a coroner. The provisions of the Juries Act 1976 (specifically section 29 relating to continued payment of salaries by employers to jurors) do not apply to coroner inquests.

In light of the concerns raised with regard to juries and the particular circumstances of the Stardust inquests, I indicated in my contribution in the Seanad on 23 February, that the Government will not oppose the Coroners (Provision for Jury Selection) (Amendment) Bill 2022. However, as currently drafted, there are significant technical conflicts in the Bill with existing legislation, including the Coroners Act 1962, the Juries Act 1976 and the Courts Service Act 1998.

My officials and I are working to find a resolution to these issues and I hope to be in a position to present proposals to Government shortly. I want to reassure you that this work will be completed as quickly as possible to ensure that it causes no delay to the inquests.