Dáil Éireann Debate, Tuesday - 17 May 2022
581. Deputy Catherine Connolly asked the Minister for Justice the analysis that has been undertaken of the Coroners Amendment Act 2019, in particular of section 24 in which coroners have the power to command documents and evidence; the number of times documentation and evidence has been requested pursuant to section 24 of the Act; if her attention has been drawn to a case (details supplied) and if she will make a statement on the matter. [24138/22]
Amharc ar fhreagraI would like to take the opportunity to express my sincere sympathy and condolences to the family of the deceased.
The Coroners 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 or in individual death investigation cases. The exercise of statutory powers by a Coroner during an inquest is entirely a matter for the relevant Coroner.
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 of maternal deaths, deaths in custody or childcare situations and significant new powers to compel witnesses and evidence at inquest.
Section 24 of the Coroners (Amendment) Act 2019 amended section 38 of the Coroners Act 1962 to provide for increased powers for a coroner in relation to the taking of evidence at an inquest, including a power to direct any person to produce documents or things necessary for the proper conduct of the inquest, and to direct a witness to answer questions. It is important to note that inquest hearings are subject to fair procedure and natural justice.
Neither I nor my Department gather data on any aspect of Section 38 of the Coroners Act 1962, as amended. Therefore, the information requested by the Deputy is not available.
