Skip to main content
Normal View

Proposed Legislation

Dáil Éireann Debate, Tuesday - 27 November 2012

Tuesday, 27 November 2012

Questions (502)

Clare Daly

Question:

502. Deputy Clare Daly asked the Minister for Justice and Equality in view of the recent tragedy in Galway Regional Hospital and the Coombe University Women and Children's Hospital, Dublin, where two women died within 48 hours in October 2012, if he will confirm when legislative changes to the Coroner's Act will take place to make an inquest an automatic event following all maternal deaths. [52306/12]

View answer

Written answers

The requirement to report a death to a coroner and whether to subsequently conduct an inquest is set out in sections 17 and 18 of the Coroners Act 1962. Under Coroners' Rules of Practice, as outlined on the Coroners website www.coroners.ie, all maternal deaths relating to childbirth are required to be reported to the coroner. The Coroners Bill 2007, confirms this by providing, inter-alia, in the Third Schedule on Deaths Reportable to Coroner, for the reporting of "any maternal death that occurs during or following pregnancy (up to a period of six weeks post-partum) or that might be related to pregnancy".

The cases cited by the Deputy are indeed tragic and we are all conscious of the anguish of the families concerned. However, it is the case that maternal deaths in this State are very rare and we have one of the lowest maternal mortality rates in the world. Where such deaths occur, they must be reported to a coroner who would normally require that a post-mortem examination be held. It is then a matter for decision by the coroner, having regard to the circumstances of the maternal death, whether an inquest is necessary to determine the circumstances. While an inquest would normally be held, there may be cases where an inquest would be unnecessary and leaving it to the discretion of the coroner is, therefore, considered to be the most appropriate public policy position.

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 and it aims to fulfil various obligations placed on the State by the European Convention on Human Rights and, particularly, the Article 2 requirement in relation to the investigation of deaths of persons involving the State.

It would be my hope to progress the Coroners Bill next year.

Top
Share