The Coroner is an independent quasi-judicial officer and it is a matter for him how to conduct any death investigation or inquest in accordance with his statutory functions, on the basis of the information made available to him and having regard to the circumstances of the death concerned.
As Minister, I have no role in the coronial inquest process as set out in the Coroner Acts 1962-2019 and it would not be appropriate for me to engage in the dialogue suggested by the Deputy.
However, I understand that the Commission of Investigation into Mother and Baby Homes first formally notified the Coroner for North Galway on 2 March 2017, of its discoveries at the Tuam Mother and Baby Home. Both the Coroner and the Gardaí provided any cooperation requested by the Commission during its work at the Tuam site. I understand that there is no active investigation being conducted into the Tuam discovery by the Gardaí or by the Coroner.
The Final Report of the Commission does not recommend any particular action on behalf of the Coroner with regard to the Tuam site.
The Minister for Children, Equality, Disability, Integration and Youth will progress the Certain Institutional Burials (Authorised Interventions) Bill which will provide for the establishment of a dedicated Agency, by Government Order under a sponsoring Minister for a specific site, to undertake where necessary, a forensic standard excavation, exhumation and, where possible, identification of discovered remains, and provide for their respectful reinterment. This legislation will support intervention at the Tuam site, and any other site, where intervention is reasonably required based on the manifestly inappropriate nature of the interments.
This is a bespoke approach to address the very sensitive matter of the discovery of human remains at the Tuam site. It will effectively displace the relevant role of the Coroner, by disapplying the exhumation process provided in section 47 of the Coroners Act 1962.
I support Minister O'Gorman in this approach and have assured him of the full cooperation of my Department and its Agencies in implementing the actions set out in the legislation.
