Dáil Éireann debate -
Thursday, 19 May 1994

Vol. 442 No. 10

Adjournment Debate. - Post-Mortem Examinations.

Dr. O'Hanlon

I thank the Ceann Comhairle for allowing me to raise this matter on the Adjournment and the Minister of State, Deputy O'Dea, for coming into the House to deal with the matter.

Some coroners experience difficulties in having post-mortems carried out. They are approximately 3,500 death certificates issued by coroners each year and before issuing them many coroners would like to have a post-mortem performed on the deceased. At weekends when the services of a pathologist are not required in the hospitals to which they are attached, coroners frequently experience difficulties in having a post-mortem carried out within a reasonable time. In other words, if a person dies suddenly on a Friday evening and a coroner wants to have a post-mortem performed on the deceased he might have to wait until Monday and as a result the deceased might not be buried until the following Wednesday. That places a major imposition on the relatives of the deceased persons especially in our culture where there is a great deal of respect for the deceased and people like to carry out burials in accordance with tradition. I accept that is not the position in other countries where it is usual to keep a body for a number of days before burial.

In a coroner's district with which I am familiar pathologists have not been available since 6 May last. This creates major difficulties for the coroner, the local authority and the health board. These difficulties arise not only because pathologists are not available in hospitals at weekends, but also because when the health boards were established responsibility for post-mortems remained with the coroner, who is an employee of the local authority. When local authorities were responsible for health matters they employed pathologists, but that is no longer the case. Since the establishment of the health boards the position has been difficult for coroners.

Will the Minister review the Coroners Act in consultation with the coroners association, the local authorities and the health boards? A coroner who is unable to have a post-mortem performed is placed in a very difficult position as he or she must take blame by the relatives. While health boards are responsible for employing pathologists, they do not have responsibility under the Coroners Act and must also take much criticism for delays in carrying out post-mortems.

A great deal of inconvenience is caused by coroners insisting that the body of a deceased should be removed to a hospital within their jurisdiction for the purposes of a post-mortem. If a person dies in Bundoran, the coroner could insist that the body be brought to Letterkenny instead of Sligo. In the Dundalk area the coroner could insist on a body being brought to Monaghan, causing great inconvenience to relatives. If an ambulance is required to remove a dead body it cannot remove it to a hospital outside the area.

Will the Minister review the Coroners Act in consultation with the health boards, the local authorities and the coroners association in order to address these problems?

Minister of State at the Department of Justice (Mr. O'Dea)

The primary legislation in relation to coroners is contained in the Coroners Act, 1962 for which the Minister for Justice has responsibility. This Act contains detailed provisions in relation to the office of coroner, coroners' districts, salaries of coroners etc., as well as provisions governing the holding of inquests, holding of post-mortems etc.

In addition to responsibilities set out in the Act which devolve on the Minister for Justice, local authorities have a role in relation to coroners, as also do certain hospitals in each coroner's district. Specifically, the local authorities employ and pay the salaries of coroners and they provide the coroners with such supplies of stationery and prescribed forms as they may reasonably require in the discharge of their duties. The coroners, in the course of having post-mortems and special examinations carried out, have to rely on the mortuary facilities in hospitals. It is evident, therefore, that each coroner is dependent on the availability of such facilities from the hospitals in that coroner's district.

The Minister for Justice is empowered under the Act, after consultation with the Minister for the Environment, to fix by means of a statutory order the various fees to be paid to persons performing or assisting at post-mortems, as well as the expenses payable in connection with removal or custody, in accordance with the directions of a coroner, of a body and, finally, the expenses payable to witnesses at inquests. The current levels of these fees and expenses are set out in the regulations made in 1990. The fees and expenses are paid on foot of a coroner's certificate by the local authority by whom the coroner conducting the inquest was appointed. As there is a formal statutory mechanism governing the payment of such claims, the Deputy will appreciate that the various local authorities must apply the specific terms of the regulations. In consequence, a local authority would not have authority to deviate from the regulations in order to pay fees or expenses over and above the levels specified. However, increases have been sought, on behalf of hospital consultants, in certain of the fees in the 1990 regulations and this matter is being examined in the Department of Justice.

I am aware that difficulties can arise from time to time for coroners in having post-mortems performed and the attention of the Department of Justice has been called on occasion to inadequate mortuary and post-mortem facilities. Specific issues in relation to facilities in hospital for performance of post-mortems have been taken up, as the occasion arises, with the Department of Health.

As it has become evident that the facilities available to coroners for post-mortems and special examinations are in some instances not all they should be and having regard to the claims for improvements in the levels of fees and expenses payable, the Department of Justice is engaging in discussions about these matters with the Departments of the Environment and Health.

I would be most anxious to ensure that the conducting of post-mortems by a coroner should not occasion any undue distress for the relatives of the deceased person and that every possible step to reduce delays or difficulties in arranging post-mortems examinations should be taken. The points raised by Deputy O'Hanlon will be borne in mind in the context of the forthcoming discussions between the three Departments involved in the matter of facilities for coroners.