Sir, – In relation to the upcoming Stardust inquest, in 2000, a full and comprehensive review of Ireland’s Coroner Service was published following informed, detailed research by a working group on behalf of the then Department of Justice, Equality and Law Reform. The review was unequivocal in recommending radical reform and a major reconfiguration of the coroner service and had an expectation that reform would be completed by 2020.
In 2007, then minister for justice Michael McDowell introduced the Coroners Bill which unfortunately lapsed on the formation of a new government. Since then, there has been no new attempt by Government to act on the findings of the working group’s recommendations.
In 2021, the Irish Council for Civil Liberties (IICL) produced a report, reiterating the need for reform of the coroner system. The report set out 52 recommendations and, in light of the Stardust inquest, which is due to begin in a matter of weeks, we would like to draw your attention to recommendations 44 and 45.
At present juries are not required for all inquests, and jurors are, under the legislation, hand-selected by gardaí. Recommendations 44 and 45 of the ICCL report call for the jury to be randomly selected from the electoral register and in high-profile, contested cases for lawyers representing interested parties to be able to challenge the constitution of the jury.
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The Stardust inquest will be the largest inquest in the history of the State and will be watched around the world.
The bare minimum that should be expected is that the evidence is heard by a jury that is selected in a manner that is transparent and representative of wider society.
Likewise, any suggestion that an inquest of this size could be heard without a jury, as has recently been made by the Taoiseach, should be dismissed under Section 40 of the Coroners Act.
It is a fundamental principle of our legal system that independent juries, properly formed, reach findings of fact, and this should just as equally hold true for inquests. The investigation of deaths, and the upholding of ECHR Article 2 rights, is a crucial part of our legal process and demands these standards. The jury played a crucial role in the most recent Hillsborough inquests, and are of particular important in cases of public interest, where families have fought so long for truth and justice.
We are calling on Minister for Justice Helen McEntee to ensure that the Stardust inquest will be heard before a jury and that that jury will be selected in a transparent manner. While the Dublin coroner has often empanelled juries via the electoral register, it is necessary to have this, and the ability to challenge juror members, clearly established as a statutory requirement, to give all those involved legal certainty. – Yours, etc,
Senator LYNN BOYLAN;
Dr VICKY CONWAY,
School of Law
and Government,
Dublin City University;
Senator MICHAEL
McDOWELL;
Dr IAN MARDER,
CHLOË CASS, BL,
Dr FERGUS RYAN,
Dr JOHN REYNOLDS,
Dr AMINA ADANAN,
Prof CLAIRE HAMILTON,
DAVID DONOHUE, BL,
Dr CLIONA KELLY,
Dr SINÉAD RING,
Dr DONAL COFFEE,
School of Law
and Criminology,
Maynooth University;
Dr MARIA O’BRIEN,
School of Law
and Government,
Dublin City University;
Dr JAMES GALLEN,
School of Law
and Government,
Dublin City University;
CONAL Ó FÁTHARTA,
NUI Galway;
MÁIRÉAD ENRIGHT,
Reader,
Birmingham Law School;
Dr MEL DUFFY,
School of Nursing,
Psychotherapy
and Community Health,
Dublin City University;
Dr MARK COEN,
Sutherland School of Law,
University College Dublin;
DEBORAH COLES,
Executive Director,
Inquest, UK;
Dr LUCY MICHAEL,
Independent Researcher;
Dr NIAMH MAGUIRE,
Waterford Institute
of Technology,
MICHAEL FARRELL,
Solicitor;
Dr RÓISÍN O’SHEA, BL;
CARMEL BRENNAN,
Waterford Institute
of Technology;
Dr CATHERINE
O’SULLIVAN,
School of Law,
University College Cork;
WENDY LYON,
Abbey Law;
GARY DALY,
Solicitor;
DOIREANN ANSBRO,
Head of Legal and Policy,
Irish Council
for Civil Liberties,
Dublin 8.