Dáil Éireann Debate, Wednesday - 4 May 2022
358. Deputy Aengus Ó Snodaigh asked the Minister for Justice the plans she has to reform the coroner system in Ireland and to resource it adequately to ensure it can carry out its functions in as professional and effective way as possible; and if she will make a statement on the matter. [22435/22]
View answer359. Deputy Denis Naughten asked the Minister for Justice her plans to reform the Coroners Act 1962; the specific elements she intends to revise; and if she will make a statement on the matter. [22489/22]
View answer375. Deputy Catherine Murphy asked the Minister for Justice her plans to make coroners independent of An Garda Síochána; if she will initiate an update review on the report published in 2000. [21842/22]
View answer390. Deputy Neasa Hourigan asked the Minister for Justice if her Department has undertaken any reforms of the Coroner Service in line with a report (details supplied); and if she will make a statement on the matter. [21959/22]
View answer401. Deputy Paul Murphy asked the Minister for Justice if her attention has been drawn to the full comprehensive review which was published in 2000 by her Department which recommended radical reform of the Coroner Service nationally; the actions that have been taken by her Department to carry out this reform; and if she will make a statement on the matter. [22219/22]
View answerI propose to take Questions Nos. 358, 359, 375, 390 and 401 together.
The Coroner Service comprises of a network of coroners located in districts throughout the country. Coroners are independent quasi-judicial office holders whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued. My Department does not have a role in directing the work of coroners.
Justice Plan 2022, which I published recently, commits to bringing forward this year nationwide review proposals to deliver a service improvement plan to address identified issues; driving innovative change; enhancing customer service and improve the interaction with pathology services
Many of the recommendations of the 2000 Review related to the strengthening of the legal provisions regarding the work of the coroner. In this regard, there has been significant implementation of many of the relevant recommendations, sometimes to a greater extent than that envisaged by the Review, in the intervening period. Such improvements were effected through amendments to the 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, this has reduced to 38 in 2022.
- 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 enquires 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 of maternal deaths, deaths in custody or childcare situations and significant new powers to compel witnesses and evidence at inquest.
- The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 provided, among other items, for the assignment and appointment of temporary coroners to act simultaneously with other coroners in exceptional circumstances to be utilised as part of the national response to the Covid-19 pandemic.
With regard to reform of the Coroner Service, the Coroners Bill 2007, incorporated many of the more than 100 recommendations contained in the 2000 Review. It also had regard to the proposals of the Rules Committee. However, due to the major challenges then confronting public finances, the administrative restructuring proposed in the 2007 Bill was not progressed following Second Stage in the Seanad.
