The Tánaiste and Minister for Justice, Equality and Law Reform, Michael McDowell, T.D., today published the Coroners Bill 2007 and announced the establishment of a Coroner Service Implementation Office. The publication of the Coroners Bill marks the first concrete step in bringing one of the State's oldest public services into the 21st Century.

Coroners Bill 2007

The Bill comprehensively reforms the existing legislation and structures relating to coroners and provides for the establishment of a new Coroner Service. The Bill incorporates many of the recommendations made by the Coroners Review Group in 2000 and the Coroners Rules Committee in 2003. It also has regard to developments since in terms of jurisprudence and to ongoing reform of coroner services in other common law jurisdictions.

Publishing the Bill, the Tánaiste said "This Bill is wide-ranging with particular emphasis on the modernisation of death investigation, post-mortem and inquest procedures. These improvements together with the provision of better supports to coroners will result in an enhanced service to the public, in particular to families of the deceased, than is currently possible under the existing legislation." 

The Tánaiste continued "Coroners in Ireland have done a remarkable job over the years in serving their communities and have gained the respect of the public. The new legislation will reinforce the role of the coroner at the centre of the death investigation process. The new coronial system will be in a position to provide an enhanced service to the families of deceased persons and to society at large in explaining deaths and in drawing attention to possible public safety and health issues."

The Bill will widen the current scope of the inquest from investigating the proximate medical cause of death to establishing in what circumstances the deceased met his or her death. Current law in the Act of 1962 and as interpreted by the Courts, provides for a restrictive approach as to the examination at inquest of 'how' the person died. The examination is limited to the proximate medical cause of death. The Coroners Review Group recommended the extension of the remit of the coroner to the investigation of the wider circumstances surrounding a death and that it be expressed in positive terms in any new legislation.

The Tánaiste is of the view that the Bill will better fulfil the obligations placed on the State by the European Convention on Human Rights and particularly in regard to the Article 2 requirement to investigate certain categories of death.

The Tánaiste also noted "The effect of some judgments of the European Court of Human Rights is that there must be provision for legal aid in cases where there is involvement of the State in the circumstances of the death.  The Bill allows for the granting of legal advice and legal aid in proceedings before a coroner where a person has died in, or resulting from being in, State custody or in certain institutional care situations."

The scheme of legal aid will be operated by the Legal Aid Board.

The new Coroner Service will work closely with the Garda Síochána, the Garda Ombudsman Commission and statutory bodies which have a role in the investigation of accidents, incidents or diseases which result in death.

Establishment of Coroner Service Implementation Office

The Coroner Service Implementation Office will be established in the coming weeks.  This Office will commence the necessary arrangements for the new service - including the exact number of full-time coroners and the definition of the coroners regions to replace the current out-dated and fractured system of 48 separate coroner jurisdictions based on counties or parts of counties - pending the enactment of the new legislation.

In line with Government decentralisation policy, the Coroner Service Implementation Office will be based in Navan, Co. Meath. It will be reconstituted as the Headquarters of the Coroner Service upon establishment following the enactment of the Bill. An interim Director for the Coroner Service will be appointed to head up this office at the earliest possible stage, along with a small team of support staff from the Department of Justice Equality and Law Reform.

The Tánaiste said "Our coroners provide a very important service to the public and I am committed to ensuring that they are supported by the resources they require in order to carry out their duties.

The transition from the existing service, which is a part-time service administered by individual coroners in conjunction with local authorities, into the new co-ordinated and national service will require considerable advance planning and preparation. To facilitate this transition I will within the coming weeks establish the Coroner Service Implementation Office."

The Tánaiste expressed the hope that many of our existing coroners, who have given excellent and dedicated service to the State, may be attracted to the new fulltime positions.

The text of the Coroners Bill 2007 and the accompanying Explanatory Memorandum are on the Department's website www.justice.ie. 

20 April 2007

Notes for Editors

Background Information

Government Decision

On 20 December, 2005, the Government approved the drafting of a Bill to comprehensively reform the law in relation to coroners on the lines of the general scheme submitted by the Tánaiste.

The Government supported the Private Members Coroners (Amendment) Act 2005, which became law on 21 December 2005. That Act, as an urgent interim measure, abolished the restriction on the number of medical witnesses at an inquest and increased sanctions for reluctant or non-cooperative jurors and witnesses. The provisions of that Act are now subsumed in this Bill.

Coroners Review Group and Coroners Rules Committee

The Report of the Coroners Review Group in December 2000 recommended a comprehensive overhaul of the coroner service - one of the oldest public offices in Ireland - with regard to the legislation governing the work of coroners, the support services available to them and the structural organisation of the coroner service. This reform effort was further enhanced by the Report of the Coroners Rules Committee in October 2003. A critical recommendation of the reform effort was a Coroners Bill to replace the Coroners Act 1962. Both Reports are available on www.justice.ie

The main features of the Coroners Bill 2007 are as follows: 

• The Bill provides for the establishment of a Coroner Service. On the establishment of the Service, full responsibility for coroners, including financial responsibility, will rest with the Minister for Justice, Equality and Law Reform and the involvement of local authorities will cease (section 8).
  
• A Director will administer the Service and be responsible for the management and general control of the administration of the Coroners Service (section 11). 
  
• No less than two coroners will, on a full time basis, operate in each dedicated coroner region prescribed under the Bill (section 12). 
  
• No less than one assistant coroner will, on a part time basis, operate in each dedicated coroner region prescribed under the Bill (section 12). 
  
• A Chief Coroner will give professional leadership and direction to the Coroner Service (section 13). 
  
• Deaths as specified in the Bill must be reported to a coroner and the persons required to report the death are also specified (sections 25 and 26 and Third Schedule).
  
• The Bill meets the requirements of the European Convention on Human Rights and of judgments from the European Court of Human Rights which interpret Article 2 of the Convention as providing for a more extensive investigation of the circumstances of death (section 28).  
  
• The Bill sets out procedures for coroners to investigate certain deaths which may occur outside the State (section 31).
  
• Coroners have powers of entry, inspection etc (section 37) and if necessary may seek the authority from the District Court (section 38).
  
• Coroners may seek directions of the High Court on a point of law (section 41). 
  
• There are detailed provisions on the holding of inquests (sections 43 to 46) and the conduct of inquests (sections 47 to 62) designed to make clear the purpose of an inquest and the procedures to be followed with a view to establishing best practice, efficiency and transparency in the matter.
  
• The Bill provides for widening the scope of the inquest from investigating the proximate medical cause of death to establishing in so far as practicable in what circumstances the deceased met his or her death (section 46). Current law in the Act of 1962 and as interpreted by the Courts provides for a restrictive approach as to the examination at inquest of 'how' the person died - the examination is limited to the proximate medical cause of death. 
  
• Where criminal proceedings are under way or certain other investigations are being carried out by public authorities the coroner may adjourn his or her proceedings (sections 57 and 58).
  
• There are provisions relating to witnesses and juries at inquests (sections 63 to 73), to the conduct of post-mortem examinations and other special examinations (sections 74 to 77) and exhumation (sections 78 and 79).
  
• There is provision for a range of offences concerning failure to cooperate with an inquest or with a coroner, including offences by bodies corporate. On conviction of an offence, persons may face a fine of up to 3,000 Euro and up to 12 month's imprisonment or both (sections 80 - 82).
  
• The Coroner Service will publish an Annual Report (section 83).
  
• The Bill provides that the Legal Aid Board may arrange for the granting of legal aid in proceedings before a coroner where a person has died in, or resulting from being in, State custody or in certain institutional care situations (section 86). (The effect of judgments of the European Court of Human Rights is that there must be provision for legal aid in cases where there is involvement of the State in the circumstances of the death).
  
• Section 90 - Protocols - This section has been included to provide for the necessary cooperation and information sharing between the Coroner Service and the Garda Síochána, the Garda Ombudsman Commission and appropriate statutory bodies having responsibility for the investigation of accidents or incidents or diseases resulting in death.

The main functions of the new Coroner Service will be as follows:

• provide a national service for coronial investigations and where necessary inquests into reportable deaths,
  
• provide the necessary supports to coroners to ensure effective and efficient investigations of inquests into reportable deaths,
  
• liaise efficiently and sympathetically with bereaved families and other interested persons who become involved in investigations and inquests into reportable deaths,
  
• where relevant to a reportable death, liaise with any statutory body  involved in the investigation of accidents or diseases,
  
• contribute to the enhancement of public health and safety, 
  
• advise the Minister on any matter