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Coroners Service

Dáil Éireann Debate, Wednesday - 16 June 2021

Wednesday, 16 June 2021

Questions (228, 229, 230, 231)

Holly Cairns

Question:

228. Deputy Holly Cairns asked the Minister for Justice if she will conduct a consultation involving bereaved families, advocacy groups and campaign organisations with the intention of establishing a charter for the bereaved which will provide a clear overview of the statutory role and obligations of An Garda Síochána and other State agencies in servicing inquests, distinguishing between lawful obligations and discretionary practices and commit Government and its agencies to a statement of rights of the bereaved regarding information, viewing the body, identification, post-mortems, return of the body, return of personal effects, access to the location of death, crisis support; and if she will make a statement on the matter. [32496/21]

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Holly Cairns

Question:

229. Deputy Holly Cairns asked the Minister for Justice her views on rationalising the 39 coroner districts to create a region-based, distinct agency reflecting population distribution, demography and case numbers; and if she will make a statement on the matter. [32497/21]

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Holly Cairns

Question:

230. Deputy Holly Cairns asked the Minister for Justice if she will increase significantly the funding necessary to meet the requirements of an independent, professional Coroner Service in its routine work and in conducting thorough investigations into deaths in contested circumstances; and if she will make a statement on the matter. [32498/21]

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Holly Cairns

Question:

231. Deputy Holly Cairns asked the Minister for Justice the progress made to meet the recommendations of the review of the Coroner Service: Report of the Working Group relating to 3.4.1 organisation and 3.4.6 a new coroner agency; and if she will make a statement on the matter. [32499/21]

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Written answers

I propose to take Questions Nos. 228, 229, 230 and 231 together.

The obligations on a coroner in their investigation into a reportable death are set down in the Coroners Act 1962, as subsequently amended. The coroner is an independent quasi-judicial office holder whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued. This is an important public service to the living and in particular to the next-of-kin and friends of the deceased. Coroners not only provide closure for those bereaved, but also perform a wider public service by identifying matters of public health and safety concerns.

The role of An Garda Síochána in assisting the coroner and in the carrying out of certain functions is set down in the coroner legislation. However, their obligations to investigate serious crimes, including where a death has occurred, is set down in the criminal law and is not a matter for the coroner. Access to an active crime scene must be strictly controlled where necessary for the investigation of the crime, as must access to any personal items or other materials that are relevant to the investigation. The conduct of any investigation is an operational matter for the Garda Commissioner, and as Minister I have no direct role in such matters.

A Code of Practice for Families at Inquest as provided for under section 31 of the Irish Human Rights and Equality Commission Act 2014 is in final preparation. The Code has been agreed between IHREC, the Coroners Society of Ireland and my Department and will provide an extensive information resource and guidance for families. The Code will be put on a statutory basis by an Order to be made by the Minister for Children, Equality, Disability, Integration and Youth.

The Deputy refers to the Review of the Coroner Service published in December 2000, which was a significant milestone in the process of modernising our death investigation service, strengthening coroners’ powers and to provide for a major administrative restructuring of the coroner system.

There are currently 39 Coronial Districts in Ireland, 38 of which are funded by the relevant local authority. My Department has taken on full responsibility for the Dublin Coroner Office from the Dublin local authorities since 1 January 2018. We have greatly increased the resources available to that Office, which is the busiest in the State and operates on a full time basis. The related Dublin District mortuary and post-mortem examination facilities for the Dublin Coroner, which are also available to the Office of State Pathologist have also been modernised and extra resources provided.

The majority of the recommendations of the 2000 Review related to the strengthening of the legal provisions relating to the work of the coroner and have been implemented, including through amendments to Coroners Act 1962 in 2005, 2011, 2013, 2019 and 2020 as follows:

- The Coroners (Amendment) Act 2005 ended the restriction on the number of medical witnesses allowed at inquest.

- The Civil Law (Miscellaneous Provisions) Act 2011 provided for the restructuring and amalgamation of coronial districts. Coroner districts within counties have been amalgamated as the opportunities have arisen. There were 48 districts in 2000, there are 39 now and will reduce to 38 within 2021.

- The Courts and Civil Law (Miscellaneous Provisions) Act 2013 provided for Legal Aid and Legal Advice by certification by the coroner to the Legal Aid Board in relation to inquests.

- The Coroners (Amendment) Act 2019 clarified, strengthened and modernised coroner’s powers in the reporting, investigation and inquest of deaths. The scope of enquiries at inquest was expanded beyond being limited to establishing the medical cause of death, to seeking to establish, to the extent the coroner considers necessary, the circumstances in which the death occurred. The Act also broadened the coroner’s powers relating to mandatory reporting and inquest into maternal deaths, deaths in custody or childcare situations and significant new powers to compel witnesses and evidence at inquest.

- The Coroners (Amendment) Act 2021 made provision for the temporary additional coronial resources to coroners in districts significantly impacted by the Covid-19 pandemic.

The structure and resourcing of the Coronial Service will continue to be reviewed and revised as appropriate in the context of the learning from the pandemic.

Question No. 229 answered with Question No. 228.
Question No. 230 answered with Question No. 228.
Question No. 231 answered with Question No. 228.
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