Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

164. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 581 of 17 May 2022, the way in which the State discharges its European Convention on Human Rights Article 13 obligations to ensure that a timely and effective investigation takes place in all maternal deaths, which includes an obligation to include all relevant evidence in that investigation; and if she will make a statement on the matter. [33155/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Coroners Service comprises of a network of coroners located in districts throughout the country. Coroners are independent quasi-judicial office holders whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued. My Department does not have a role in directing the work of coroners or in individual death investigation cases. The exercise of statutory powers by a Coroner during an inquest is entirely a matter for the relevant Coroner.

The Coroners (Amendment) Act 2019 clarified, strengthened and modernised coroner’s powers in the reporting, investigation and inquest of deaths. The scope of enquiries at inquest was expanded beyond being limited to establishing the medical cause of death, to seeking to establish, to the extent the coroner considers necessary, the circumstances in which the death occurred. The Act also broadened the coroner’s powers relating to mandatory reporting and inquest of maternal deaths, deaths in custody or childcare situations and significant new powers to compel witnesses and evidence at inquest.

Section 10 of the Coroners (Amendment) Act 2019 amended section 17 of the Coroners Act 1962 to require a coroner to hold an inquest in cases where a death of a person is a maternal or late maternal death. The definitions used regarding maternal death or late maternal death accord with those used by the World Health Organisation. The Act further provides for mandatory reporting to a coroner of a stillbirth, death intrapartum, or infant death.

Furthermore, Section 24 of the Coroners (Amendment) Act 2019 amended section 38 of the Coroners Act 1962 to provide for increased powers for a coroner in relation to the taking of evidence at an inquest, including a power to direct any person to produce documents or things necessary for the proper conduct of the inquest, and to direct a witness to answer questions. It is important to note that inquest hearings are subject to the requirement for fair procedure and natural justice.