Seamus Kirk
Question:45 Mr. Kirk asked the Minister for Justice if she will review the Coroners Act, 1962, and the duties and responsibilities pertaining to the appointment of coroners; and if she will make a statement on the matter. [16264/96]
Written Answers. - Review of Legislation.
Rory O'Hanlon
Question:72 Dr. O'Hanlon asked the Minister for Justice the role of each Department, the local authorities and the health boards in the implementation of the Coroners Act, 1962, the plans, if any, she has to consolidate responsibility; whether she intends amending the Coroners Act, 1962, if so, when; and if she will make a statement on the matter. [16608/96]
I propose to take Questions Nos. 45 and 72 together.
The legislation in relation to corners is mainly contained in the Coroners Act, 1962, and various statutory orders. There are 49 coroners in the State — some counties being sub-divided into two or more coroner's districts. There are roughly 1,200 inquests conducted each year by coroners.
A coroner is a statutory officer exercising quasi-judicial functions, in relation to which he/she is independent. A coroner is responsible for deciding if a post mortem examination and/or inquest is required in any particular case and for the conduct of an inquest if one is deemed necessary. To be considered for appointment as a coroner the applicant must be (a) a practising barrister or solicitor of at least five years standing or (b) a registered medical practitioner for at least five years. Coroners are required to retire on reaching 70 years of age.
As the Deputies will be aware, legislative responsibility for the Coroners Act devolves on the Minister for Justice whereas responsibilities of other Departments and agencies are as prescribed by law, but some salient features are as follows. Coroners are appointed by the relevant local authority following selection by the Local Appointments Commission. Coroners are paid by the local authority such salary as is fixed by the local authority with the approval of the Minister for Justice. The Act provides that the Minister for Justice shall not give any approval as aforesaid save after consultation with the Minister for the Environment.
During 1995, I met with the coroners who made a number of points relating to their terms of employment, etc. However, I was able to fund the first ever seminar for coroners held in December 1995.
I agree that there is a need to take an overall look at the coroner service and the demands placed on it by a rapidly changing society and I have already agreed in consultation with my colleague, the Minister for the Environment, Deputy Howlin, that a working group should be set up which will have the task of examining a range of issues relating to the coroner service. The group will consist of representatives of the Departments of Finance, Justice, Environment and Health. The precise terms of reference for this working group have yet to be finalised. I anticipate, however that the review will focus not only on the issues which are of concern to the Deputy but it will also consider the relevant legislative environment underlying the coroner service as framed in the 1962 Act, and under which coroners have been operating up to now. It should deal with, for example, such issues as which line Department should have responsibility. At present, the Departments of Justice, Environment, Health, all share a responsibility.