Dáil Éireann Debate, Tuesday - 3 July 2012
504 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the way the State would fulfil its obligation to hold an Article 2 (ECHR) type investigation in the event of a death caused by medical negligence in a public hospital; and if he will make a statement on the matter. [32214/12]
View answer505 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if he is satisfied that the Coroners Act 1962 complies with the terms of the European Convention on Human Rights in relation to the State’s obligations of investigation in cases of deaths caused by medical negligence in public hospitals; and if he will make a statement on the matter. [32215/12]
View answerI propose to take Questions Nos. 504 and 505 together.
The coroner is an independent officer charged with the investigation of certain reportable deaths. The primary public expression of that investigation is the inquest which seeks factually to discover the circumstances of the person's death. It provides accessibility to the deceased's family and afford a sufficient element of public scrutiny. In a case such as the Deputy mentions as potentially arising, I am satisfied that the inquest meets the State's obligations under the European Convention on Human Rights, and in particular Article 2 of the Convention. I would also mention in this regard, the Coroners (Amendment) Act 2005, which ended the restriction on the coroner from summoning more than 2 medical witnesses to give evidence at an inquest, increased sanctions on witnesses and jurors who failed to attend or cooperate at an inquest and increased powers of compellability for the coroner in regard to the attendance of witnesses and jurors at an inquest.
The Coroners Bill 2007 is before the Seanad having been restored to the Order Paper on my initiative. The Bill is in the course of being reviewed in my Department with a view, among other matters, to making it as cost-effective as possible. The Bill, as published, provides for the comprehensive reform of the existing legislation and structures relating to coroners and provides for the establishment of a new Coroner Service.
The Bill incorporates many of the recommendations made by the Coroners Review Group in 2000 and the Coroners Rules Committee in 2003. It also has regard to developments since in terms of jurisprudence both in our own courts and the European Court of Human Rights and to ongoing reform of coroner services in other common law jurisdictions. The Civil Law (Miscellaneous Provisions) Act 2011 provided for some early reforms in coronial matters.
