Dáil Éireann Debate, Tuesday - 29 January 2013
558. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality in accordance with section 18 (3) of the Coroners Act 1962 in order to ensure that in the period prior to informing the coroner and/or after the coroner has been informed, if he will ensure that a protocol is in place to ensure that the necessary steps are taken to preserve the scene and evidence and to determine if the scene is one of homicide. [3905/13]
View answer559. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if his attention has been drawn to the fact that the Coroners Act 1962 states that although the coroner may be notified of a death, it may still be treated as sudden by the Gardai in view of the fact that there is no protocol in place, until the coroner raises questions in relation to the death but this may be more than 24 hours later, when it is too late; and if he will make a statement on the matter. [3906/13]
View answerI propose to take Questions Nos. 558 and 559 together.
Section 18(3) of the Coroners Act 1962 provides that it shall be the duty of an Inspector or officer of the Garda Síochána, if he becomes aware of the death within the district of a coroner of any person in whose case a medical certificate of cause of death is not procurable, to inform the coroner of such death. I am informed by the Garda authorities that An Garda Síochána investigate all deaths which appear to be unnatural, unaccountable, suspicious or as a result of violence. In investigating such a death An Garda Síochána has recourse to section 5 of the Criminal Justice Act 2006 which permits the designation of a place as a crime scene for the purposes of preserving any evidence of, or relating to, the commission of the offence being investigated. Where An Garda Síochána is investigating a suspicious death the location is preserved as a crime scene until such time as all evidence has been secured.
