asked the Minister for Justice if he will give details of the agreed practice in relation to the selection of coroners' juries.
21.
Ceisteanna—Questions. Oral Answers. - Coroners' Juries.
20.
asked the Minister for Justice the percentage of women in the years 1960, 1970 and the most recent date, who served on coroners' juries.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 20 and 21 together.
The summoning of coroners' juries is carried out in accordance with the law as laid down in the Coroners Act, 1962. In brief, the position is that when a jury is required for an inquest it must be assembled by the Garda and consist of not less than six and not more than 12 qualified persons. Persons qualified to act on a coroner's jury are those between the ages of 18 years and 65 years residing in the coroner's district. Jurors are selected by the Garda from business firms, offices, public houses and other employments and include both employers and employees.
There are no records in my Department from which the statistics sought by the Deputy could be compiled and I am informed that in general such records are not maintained by the Garda Síochána or in coroners' offices. In the Dublin Metropolitan area the Garda have certain records which, however, go back only as far as 1971. From an analysis of those records the Garda say that in 1972 about 6 per cent of those who served on coroners' juries in Dublin city were women, while the corresponding figure for 1977 was approximately 27 per cent.
Would the Minister agree that we should give consideration to changing these rules? There appears to be the possibility of abuse, as, for instance, in the Aidan White case, where the Garda had a vested interest in getting a particular verdict.
Is it not correct that a coroner's jury should be chosen by some demonstrably independent authority other than by people who from time to time will have a vested interest in a particular decision?
I cannot accept the implication against the Garda in the first part of the Deputy's supplementary. With regard to the second part, if the Deputy took a little time to reflect on the situation he would appreciate that there is no other way in which it would be practical for the Garda to assemble a jury, bearing in mind that in the general run of cases the task must be carried out at short notice—48 hours or less. I am sure the Deputy is aware that the amount of notice given is not in the control of the Garda Síochána.
From the figures given about the female content of juries, 6 per cent and 27 per cent, would the Minister not accept that there is discrimination of a particular kind and that this kind of discrimination could also apply to a more important one, that of obtaining a decision they want? There must be some alternative.
When I saw the statistics I quoted I made further inquries about the percentages and I was informed that the Garda take as jurors people whom employers will release to them. I am assured that there is no attempt on the part of the Garda to prevent women acting as jurors.
It is obvious that the Minister would be so assured but does he agree that there is a practice in the ordinary courts of taking people in succession from a register? Can that be done in the case of coroners' courts rather than in a completely haphazard way as at present?
The Deputy will agree that in the selection of a jury for an inquest a limited amount of time is available to the Garda sergeant given the job of getting jurors compared with the generous amount of time available to county registrars to get juries ready in the normal sense.
Will the Minister explain his reference that the controlling factor is the release of people by employers? Why should members of coroners' juries be employees? If that is the practice and as there are more male than female employees there would be this bias but why should the practice exist?
I should like to refer the Deputy to the Act dealing with juries which was passed in 1976 when he was a member of the Government.
I have asked for information.
The Deputy should put a question down or else look up the records for himself.
The Minister did not give me an answer.
The Deputy was in Government.
Would the Minister agree that the time would be well spent if justice was seen to be done in the process?
I have every sympathy with the Deputy's thinking that there should not be discrimination against women. I will examine the situation and if I can improve it I certainly will.
It is a question of equity.