Dáil Éireann debate -
Thursday, 25 Feb 1999

Vol. 501 No. 2

Adjournment Debate. - Death Certificates.

Mr. Browne

(Carlow-Kilkenny): I apologise for my late arrival. I was engrossed in Question Time. I thank the Chair for allowing me raise this matter.

The delay in holding inquests is an ongoing cause of concern for people who are already traumatised by the sudden death of a loved one. It is indefensible that a post-mortem held on 1 November 1998 has not produced the relevant details to enable a death certificate to be issued by a medical practitioner or an inquest to be held in which case the death certificate would also be made available.

The Minister stated in reply to a question tabled yesterday that the Registrar General for Births, Deaths and Marriages is responsible for this matter and he was awaiting results from the histopathology department of Waterford Regional Hospital, which is under the authority of the South Eastern Health Board. It is dependent on a chain of events; however, it is immaterial who is responsible for the delay when a family is awaiting details in order to get a death certificate. I suggest that short-term regulations be introduced in order that results are sent out. It is appalling that the results of a post-mortem carried out four and a half months ago have not been furnished. If the relevant departments are under-staffed they should get additional temporary staff.

The Minister has replied to me by letter indicating that interviews for a consultant histopathologist had been held recently. There should not be such a long delay. People suffer enough when a death occurs in the family. They cannot deal with the deceased's finances and other legal matters until they have the death certificate. The Minister for Justice, Equality and Law Reform has invited submissions on the review of the role of coroner but coroners cannot do very much if the results of post-mortems are held up in the laboratories.

In this specific case will the Minister ensure that the results are sent out speedily in order to alleviate this family's sufferings?

Minister for Health and Children (Mr. Cowen)

I thank Deputy Browne for raising this matter again this evening following his correspondence with me. Everything that can be done will be done to expedite the matter but unfortunately there are legal and procedural issues governing the issuing of death certificates.

Mr. Browne

(Carlow-Kilkenny): That is not the problem.

Mr. Cowen

The procedure for the registration of deaths is set out in the Births, Deaths and Marriages Acts, 1863 to 1996. Section 30 of the Births and Deaths Registration (Ireland) Act, 1863, and section 14 of the Births and Deaths Registration (Ireland) Act, 1880, require registrars of births and deaths appointed under section 23 of that Act to inform themselves of every death which shall happen in his-her district subject to the regulations made under those Acts.

Section 10 of the Births and Deaths Registration (Ireland) Act, 1880, imposes a duty on specified persons to act as informant in relation to a death which occurs in a house or hospital. These qualified informants include the nearest relative present at death and the occupier of a house in which the death occurred. The term occupier is further defined in section 38 of that Act to include the governor, master, matron or other chief resident officer of a public institution, including a workhouse, hospital and any prescribed public, religious or charitable institution.

A death may be registered on production of a medical certificate of cause of death signed by a medical practitioner, as provided by section 20 of the Act of 1880, and the qualified informant discharges his-her duty by attending personally at the office of the registrar to give the information necessary for the registration of the death and signing the register as informant. The entry is completed by the signature of the registrar.

Where a person dies and a medical certificate of cause of death is not procurable or a person dies from unknown causes, the death may be a matter for the coroner under either sections 17, 18 or 19 of the Coroner's Act, 1962. Section 17 imposes a duty on the coroner to hold an inquest in certain circumstances, including where the cause of death is unknown. Section 18 provides for inquiry by the coroner, where a medical certificate of cause of death is not available—

Mr. Browne

(Carlow-Kilkenny): I have not the right of reply but the Minister's script is not relevant to my question.

An Leas-Cheann Comhairle

The Minister without interruption please.

Mr. Cowen

The purpose of the Adjournment is to clarify the legal situation.

Mr. Browne

(Carlow-Kilkenny): The problem is that the hospital is understaffed and has insufficient resources—

Mr. Cowen

My office is open all the time and the Deputy may come and see me about any matter at any time. Section 18 provides for inquiry by the coroner, where a medical certificate of cause of death is not available and where a person had not been seen and treated by a registered medical practitioner within one month before death. Section 19 of the Coroner's Act provides that a coroner may cause a post-mortem examination to be carried out on the body of a deceased person to determine if an inquest is required.

Where a coroner holds an inquest, adjourns an inquest at which evidence of identification and medical evidence as to the cause of death has been given or where as a result of a post-mortem examination the coroner decides that an inquest is not required he or she is required, by section 50 of the Act of 1962, to furnish a certificate to the registrar of births and deaths containing the details necessary for the registration of the death.

In relation to the case the Deputy raises, as I explained in my reply to him yesterday, the registration of this death is primarily a matter for An tArd Chláraitheoir. I understand that a post-mortem examination was carried out in respect of the death referred to by the Deputy but that the report of the post-mortem cannot be finalised until the results of tests have been furnished by the histopathology department of Waterford Regional Hospital. The provision of services in the histopathology department at Waterford Regional Hospital is a matter for the South Eastern Health Board in the first instance and the board is committed to the continued development of these services in consultation with my Department. As indicated in the reply, the South Eastern Health Board recently held interviews for the appointment of a fourth consultant histopathologist for the region, which should improve these services and significantly reduce delays.

When the report of the above-mentioned post-mortem becomes available, it will have to be decided if the death should be referred to the coroner or, alternatively, if the death should be registered on the signature of a qualified informant and on the production of a medical certificate of cause of death signed by a medical practitioner. If the death is referred to the coroner, the registrar must await the issue of a coroner's certificate before registering the death.

I take the point the Deputy makes on the delay in furnishing those results and I have asked the South Eastern Health Board to deal with it so that it can be referred to the coroner as has been suggested or a death certificate can issue on foot of conditions as set out in the reply.

An Leas-Cheann Comhairle

I understand that Deputy Marian McGennis has given way to Question No. 3.