Dáil Éireann Debate, Tuesday - 11 June 2013
651. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding the 2009 legislation regarding transferring the Coroner department out of local authorities and into the Department of Justice and Equality (details supplied). [27011/13]
View answer687. Deputy Tom Fleming asked the Minister for Justice and Equality when he proposes to enact the 2007 Coroners Bill; when he will bring the matter of payment of coroners' fees and expenses under the remit of his Department; his views on whether local authorities should not be responsible for these payments in view of the fact that the role of coroners has nothing to do with the workload of local authorities in the first instance; and if he will make a statement on the matter. [26757/13]
View answerI propose to take Questions Nos. 651 and 687 together.
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 with a view, among other matters, to making it as cost-effective as possible. All administrative matters in regard to coroners, including in regard to funding and the role of the local authorities, are being examined in the context of the review.
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 will permit the State to better provide for the fulfilment of its obligations under the European Convention on Human Rights and, in particular, in regard to the Article 2 requirement to ensure an effective investigation of deaths of persons where the circumstances of the death may involve the State.
The key elements of the Bill include
- enhancing inquiry and inquest processes,
- establishing the office of Chief Coroner to provide leadership and direction in all coronial matters;
- providing the necessary legal framework for the establishment of a new Coroner Service;
- moving to a smaller number of full-time coroners;
- statutory requirement to ensure that family members are notified at significant steps of the coronial process;
- clarifying a specific regime for coroner post-mortem examinations, including provision for retention and release of body parts and bodily samples, and
- promoting cooperation between coroners and other agencies also involved in investigations of deaths.
I would hope to be in a position to progress the Coroners Bill this year. As an early measure, I have indicated that the Courts Bill 2013 will include an amendment to the Civil Legal Aid Act 1995 to provide for the provision of legal advice and legal aid in respect of certain inquests.
The Civil Law (Miscellaneous Provisions) Act 2011 also provided for some early reforms in coronial matters, including an amalgamation of the Dublin County and City coronial districts.
