- Act will significantly strengthen and modernise powers of coroners
- Act clarifies and broadens the scope of enquiries at inquest
- Significant modernisation of the 1962 Act will reassure the next of kin of deceased persons
The Minister for Justice and Equality, Charlie Flanagan, announced today the commencement of further important provisions of the Coroners (Amendment) Act 2019, which was signed into law on 23 July 2019.
This Act amends the existing Principal Act (the Coroners Act 1962) to significantly clarify, strengthen and modernise the powers available to coroners in the reporting, investigation and inquest of deaths.
The Minister said:
The Coroners (Amendment) Act 2019 is a very important reforming Act and was an important legislative priority for me personally, and for my colleagues in Government. I commenced most of the provisions of the Act on 16 September 2019. I am very pleased that today, I am able to bring all bar one of the Act’s remaining provisions into effect. This Act broadens the scope of enquiries at inquest and clarifies that they are not limited to establishing the medical cause of death, but that they may also seek to establish, to the extent the coroner considers necessary, the circumstances in which the death occurred.
The total number of deaths in the State in 2018 was 31,116. Of these, 12,061 deaths were reported to coroners (39%). Of the deaths reported to coroners, 3,375 post-mortem examinations were directed, with no further action required. A further 2,092 deaths required a post-mortem examination and an inquest.
In total, coroners dealt with 17,528 cases in 2018, which represented 56% of all deaths.
The sections of the Act commenced today concern the following:
Section 21: Post-mortem examinations and related matters.
Section 23: Amendment of section 37 of the Principal Act (witnesses at inquest).
Section 24: Power with respect to the taking of evidence, etc. at inquest
Section 25: Taking of evidence from person about to leave State.
Section 36: Directions of the High Court.
Section 39(d): Repeal of sections 19 and 52 of the Coroners Act 1962 (relating to post-mortem examination arrangements).
These provisions could not be commenced earlier, as the necessary court rules had to be put in place before they could take effect.
The commencement of section 21 will provide for a revised and modern approach to the direction, conduct, obtaining of necessary medical records and reporting of post-mortem examinations required to be made by the coroner under the legislation. This concerns a revised section 33 of the Principal Act and five new sections 33A to 33E.
The Minister commented:
The changes in regard to post-mortem examinations directed by the coroner represent a significant modernisation of the provisions in the 1962 Act. They will provide certainty to all concerned in the process and will reassure the next of kin of the deceased.
Section 23 will strengthen coroners’ powers to compel the attendance of witnesses at inquests. Where a person might not comply without reasonable excuse, the coroner can apply to the High Court to compel attendance.
Section 24 also strengthens the coroner’s powers with regard to the production of documents or other evidence at an inquest. Should a person not comply without reasonable excuse, the coroner can apply to the High Court to compel production of the relevant evidence.
The commencement of section 36 will allow the coroner to seek the direction of the High Court on a point of law.
The Minister concluded:
The commencement of section 36 is a significant advance. It will allow coroners for the first time a procedure to seek the directions of the High Court on any doubtful or difficult point of law arising from the performance of their functions under the Act. As I noted during the passage of the Act through the Oireachtas issues might, for example, include the procedural rights of interested parties at inquest or the interpretation of the European Convention of Human Rights on a new or difficult issue. It is a special provision, to be used at the discretion of the coroner.
I do not expect that it will need to be used frequently, but I do expect that it will be used judiciously by coroners from time to time. As such, it will greatly assist in clarifying and developing our coronial law.
The Minister hopes to be in a position to commence the final remaining provision of the Act – section 8 concerning administrative arrangements for the Dublin coroner’s district – in the near future.