Proposed Legislation

Dáil Éireann Debate, Tuesday - 30 January 2018

Tuesday, 30 January 2018

Ceisteanna (305, 306, 307)

Clare Daly

Ceist:

305. Deputy Clare Daly asked the Minister for Justice and Equality if mechanisms will be included in the forthcoming coroners (amendment) Bill to allow for challenges to the scope of an inquest. [4238/18]

Clare Daly

Ceist:

306. Deputy Clare Daly asked the Minister for Justice and Equality if mechanisms will be included in the forthcoming coroners (amendment) Bill that will require the coroner to publish his or her decision regarding the scope of an inquest. [4239/18]

Clare Daly

Ceist:

307. Deputy Clare Daly asked the Minister for Justice and Equality his plans to insert a requirement that all coroners have a medical qualification as part of the forthcoming coroners (amendment) Bill. [4260/18]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 305 to 307, inclusive, together.

I intend in the forthcoming Coroners (Amendment) Bill to provide for an extension of the current  scope of investigation at an inquest, from investigating the immediate cause of death to looking also at the wider circumstances in which the person died. This extension is justified in the public interest and to better fulfil our obligations under the European Convention on Human Rights.

The conduct of an inquest is a matter for the coroner concerned, who is independent in carrying out their functions. Any decisions made by the coroner in the investigation of the death will be communicated to the next of kin of the deceased and any other person with an interest in the matter. Inquests are conducted in public and widely reported in the media.

However, the Deputy will recall that the coroner's inquest is an inquisitorial investigation. It cannot consider questions of civil or criminal liability and section 30 of the Coroners Act 1962 specifically provides against such consideration. 

Since the advent of the modern coroner system in Ireland in 1846 and, as currently in force through the Coroners Act 1962, to be appointed as a coroner a person must hold either a medical or legal qualification. Some common law jurisdictions, that share the coroner system, have moved towards a lawyer only coroner model. I have no intention at present to change the qualifications required to be a coroner in Ireland.

Questions Nos. 308 and 309 answered with Question No. 271.