The coroners’ representative body has “grave concerns” that new legislation concerning the appointment of coroners in Dublin and of temporary coroners across the State may lead to “fundamental interference” with their independence.
Most of the State’s 37 coroners are lawyers or doctors who carry out their coroner function in addition to those roles and their concern is the Coroners (Amendment) Bill 2024 may signal an intent to have coroners become public servants in the future.
The Bill provides for the appointment of more temporary coroners to reduce pressure on the service and address inquest delays, particularly in Dublin where bereaved families face waits of up to two years. Legislation for more fundamental reform is being prepared separately.
Dublin had just one coroner and one deputy coroner until 2021 after which three additional temporary coroners were appointed under temporary provisions associated with the Covid-19 pandemic which are due to expire next month.
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The Coroners Society of Ireland (CSI) is concerned the Bill proposes that temporary coroners be appointed public servants on an initial contract of five years, renewable for a further five years.
The CSI believes that could compromise the independence of coroners and could lead to all future coroners being appointed as public servants.
“There is grave concern because it is a fundamental interference with the independence of coroners in the operation of their duties,” Pat O’Connor, coroner for Co Mayo and public information officer with the CSI, told The Irish Times.
Independence is a key concern because coroners have had a quasi-judicial function since the foundation of the State which can place them on occasion in opposition to the State and public bodies, he said.
The CSI was “disappointed” not to have been consulted about the Bill before it being put before the Seanad last week by Senator Lisa Chambers, Mr O’Connor said.
The CSI, which discussed the Bill at a meeting on Saturday, has set out its concerns in letters sent this week to the Taoiseach, the Tánaiste, the Minister for Justice and members of the Seanad.
Coroners in Dublin are currently funded by the Department of Justice and those outside Dublin are funded by the relevant local authority.
The Oireachtas Justice Committee, in a report published last year, made several recommendations for reform of the coronial service, including for re-evaluation of resourcing to ensure the service is adequately funded and staffed.
Following the report and the conclusion earlier this month of a public consultation process on reform, the Department of Justice has said legislation for more comprehensive reform is being prioritised.
Separately, the Medical Protection Society, which advocates for the interests of some 16,000 doctors and other healthcare professionals, has urged that coroners’ inquests in Ireland should remain inquisitorial rather than adversarial.
In submissions to the public consultation process, the MBS also made recommendations aimed at reducing the time for inquest decisions.
The MPS proposes that An Garda Síochána should remain involved with inquests for important tasks such as body identification but says a coroner is best placed to approach witnesses, including doctors, to attend court.
“This would remove the distressing experience of having the Garda as a first point of contact, which can make inquests appear as though they are a personal criminal investigation against witnesses.”
Other recommendations include a step-by-step guide for bereaved families and witnesses which “may reduce the need for costly legal representation”.
Dr James Thorpe, MPS Deputy Medical Director, said inquests “can sometimes feel akin to a High Court civil action with requests from legal representatives for a large number of medical personnel to attend”.
“Our proposal of a pre-inquest meeting, where appropriate, could help to select the most essential witnesses to the case, reducing the time taken. This, with our other recommendations, may help to reduce any unnecessary stress or confusion to all involved.”
The MPS said its recommendations “would greatly assist bringing all parties back to the fundamental purpose of an inquest in terms of investigating who died, where, when and the cause of death”.
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