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Seanad Éireann díospóireacht -
Thursday, 4 Nov 1999

Vol. 160 No. 12

Adjournment Matters. - Coroner's Court Delays.

I wish to raise the issue of delays in inquests in the Dublin Coroner's Court. Given the circumstances of an inquest, such delays can cause additional stress and anguish for relatives and friends of the deceased. The problem is not particularly serious but it does exist and I hope the Minister of State will make inquiries to see if the position can be improved.

There are various forms of inquests designed to establish the facts surrounding a death, to place those facts on public record and, perhaps, to make certain findings thereon. This involves the identification of the deceased and the date, place and cause of death. It is obvious that delays occur by necessity in cases involving foul play. Such inquests can be adjourned to enable further evidence to be gathered or so that the Garda or other authorities can make further inquiries. However, I am aware of a number of cases in which inquests have been delayed for nine or ten months where the person died alone, not necessarily in suspicious circumstances. The necessary inquiries have to be made in these cases. However, where it is clear that death was due to natural causes could a procedure be implemented to speed up the process? I do not know whether the problem involves staffing levels or whether the coroner has to fix the date of inquests. In some cases the coroner is involved in some other practice. Would it be possible to implement a system to identify the cause of delays where an inquest has not be held after three or six months?

In some cases witnesses are not available or a garda may be injured and unable to attend the court. However, we should monitor such cases so that the next of kin are informed of the cause of the delay and when it is hoped to hold the inquest. Even though the facts surrounding a death may be obvious, relatives and friends regard the inquest as another ordeal which they must go through.

The recent Victims Charter included a coroner's service charter and outlined the role of the coroner. The coroner has a responsibility at a very sensitive time if post-mortem is required or if the remains are to be released reasonably quickly to enable a funeral to take place. Families must be kept informed and this may be the responsibility of the Garda. This is a sensitive time for next of kin and friends. I am not suggesting that unsympathetic procedures are being adopted but I am sure the Minister of State will agree that the situation could be improved. I am not criticising the coroner's court or the Department but let us address the situation if there is room for improvement. I hope the Minister of State will take my comments on board and raise this issue with the Minister and his officials and with the coroner's court.

I accept Senator Cosgrave's comments that there are problems which I will address. In December 1998 the Government approved the proposal of the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, to establish a working group to carry out a comprehensive review of the coroner service under the following terms of reference: to carry out a review of all aspects of the coroner service in Ireland and equivalent services in appropriate comparable jurisdictions; arising from such a review, and on the basis of broad consultation with interested parties, to identify the issues which must be addressed to ensure that the coroner service represents an appropriate response to the needs of society; to make specific recommendations in relation to these issues, including the most appropriate financial arrangements for the funding of the coroner service, the organisational structure within which the service is to be delivered, the nature of the core service to be delivered, the implications for other ancillary services and the legislative provisions required to implement such recommendations.

The terms of reference also included identifying the specific steps which need to be taken in the short, medium and long term in order to implement the proposed recommendations and to furnish an interim report on the group's deliberations within a period of one year. In addition to public sector representatives and coroners, the working group includes representatives from the Samaritans, general practitioners, solicitors and the pathology services.

This detailed review of the service is necessary as, apart from the 1962 legislation, the service has not been the subject of any general review to evaluate its appropriateness for today's society. The working group is very conscious of the need to shape a coroner service that will match the increasing demands of society in the new millennium and its work in this detailed review is already at an advanced stage.

As part of the broad consultative approach being taken by the group, its work to date has included the consideration of oral and written submissions made by interested parties to the review. It is likely that the group's report will be presented to Government early in the new year. It is also worth pointing out that a profile of the coroner service was included in the new Victims Charter, recently launched by the Minister. While the service is not directly part of the criminal justice system, it often has to deal with victim issues involving sudden and unexpected death. Its inclusion in the charter reflects a commitment to inform users in a public and user friendly way of the workings of the system and to letting the public know what they can expect from the service. These are welcome developments which will help to prepare an increasingly important public service for the many challenges which extend well into the next century.

I take the Senator's comments on board. The delays are longer than they should be and I will seek to identify short-term methods of reducing delays of up to 12 months. If this cannot be done I will request the Minister to try and implement aspects of the report as quickly as possible.

The Seanad adjourned at 2.40 p.m. until 2.30 p.m. on Tuesday, 9 November 1999.

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