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Dáil Éireann debate -
Tuesday, 4 Feb 1997

Vol. 474 No. 3

Written Answers. - Inquest Legislation.

Seamus Brennan

Question:

194 Mr. S. Brennan asked the Minister for Justice if she intends to amend the law to allow for second inquests where the deceased's family have grounds for seeking such a decision in view of a recent Supreme Court appeal (details supplied) which ruled that the hearing of the case in the High Court was unsatisfactory in deciding that no such power existed; and if she will make a statement on the matter. [2848/97]

I am aware of the court proceedings referred to by the Deputy which have considered the scope of section 24 of the Coroners Act, 1962, among other matters. Section 24 empowers the Attorney General to direct the holding of an inquest in certain specified circumstances. I understand that the decision of the Supreme Court on 30 July 1996 was to refer the case back to the High Court.

A further High Court hearing took place on 14 November 1996 and judgment was given by that court on 30 January 1997. The High Court held that the Attorney General is not empowered, under section 24 of the Act, to order a fresh inquest when another verdict is still outstanding. An appeal to the Supreme Court on this issue is being considered. The implications for the particular section of the Coroners Act, 1962, will be considered when the court proceedings in the matter have concluded.

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