Dáil Éireann Debate, Tuesday - 17 May 2016
74. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality to direct an inquest into the death of a person (details supplied) in accordance with section 23 of the Coroners Act 1962. [9355/16]
View answerAt the outset, I would like to say that I am very conscious of the ongoing trauma and distress for the families and friends of persons who go missing and, in relation to the case referred to by the Deputy, I can assure the Deputy that I am fully aware of the various concerns which have been raised about it. including in relation to the holding of an inquest.
As I have outlined in responses to previous parliamentary questions in relation to this case, the disappearance of the person in question remains the subject of an ongoing Garda investigation. In these circumstances, I am sure the Deputy will understand that it would not be appropriate for me to comment on specific aspects of this case. I am also mindful of the need to ensure that nothing would be said that might add to the distress which the family in this case has already experienced.
In relation to the holding of an inquest, the Deputy will be aware that , under the Coroners Act 1962, as amended, a coroner is a statutory officer exercising quasi-judicial functions, in relation to which he or she is independent. A Coroner is responsible for the scheduling and conducting of inquests in his or her district and neither I nor my Department has any role in the conduct of an inquest in individual cases.
The application of Section 23 of the Act in the case referred to by the Deputy has been raised in correspondence received in my Department. I can advise the Deputy that I have had the legal issues involved carefully examined and have responded accordingly to the correspondence in question. The key point is that Section 23 does not empower me to issue a direction to hold an inquest other than where the coroner believes that such an inquest is appropriate. I understand that this is not the case in this instance.
