The Minister for Justice, Mr McDowell, has set March 31st as the deadline for the publication of the Coroners' Bill which will "radically overhaul" the current coronial system and rid it of its "often peculiarly Irish" procedures. Conor Lally reports.
The new legislation will provide for harsh penalties for witnesses who refuse to attend inquests. The restriction on the number of medical witnesses that can be called will also be abolished. Coroners have long argued that the current limit of two medical witnesses has created difficulties in conducting inquests.
While witnesses who refuse to appear at inquests can be brought before the courts, the fine on conviction before the District Court is only €6.35, a factor which has resulted in few such cases being pursued.
Addressing the annual conference of the Coroners' Society of Ireland on Saturday, Mr McDowell said he intends to end the mandatory use of juries into deaths resulting from traffic accidents, which, while tragic, were often routine.
"With regard to mandatory inquests, there is a requirement for more explicit provisions to deal with those situations concerning deaths in custody or of children in care where the State or its institutions have an involvement," he said.
Under the new legislation coroners will be able to apply to the High Court to compel witnesses to attend inquests and produce documents. The number of coronial districts, currently 48, will also change and consideration will be given to the employment of part-time coroners.
In December 2000, the report of the Working Group on the Review of the Coroner Service recommended a comprehensive overhaul and modernisation of the coroner service in Ireland.
As part of the modernisation of the service the Government planned to introduce a limited Coroners Bill. This was to be followed by a comprehensive reform Bill, which was to replace the Coroners Act 1962. However, Mr McDowell said the plans had changed and his Department would now have the comprehensive Bill finalised by next March.
The Coroners' Society welcomed news of the March deadline saying it "regards compliance with this proposed time-frame as being of the utmost importance".