Coroner's service 'biased, overly influenced by gardaí', finds damning report 

The report found the relationship between coroners and gardaí is a 'matter of concern' when gardaí have an involvement in the death.

The coroner's service has been accused of being biased, overly influenced by gardaí and of accepting deaths of mothers in labour as "inevitable" in a damning new report on the service.

The report also claims the country's investigation of deaths is inadequate and compounds families' suffering and that reform of the system demanded by a working group in 2000 has still not happened 20 years later.

The research was carried out on behalf of the Irish Council for Civil Liberties, by criminologist Phil Scraton, who investigated the Hillsborough disaster, and Gillian McNaull of Queen's University Belfast.

They found the relationship between coroners and gardaí is a "matter of concern" when gardaí have an involvement in the death.

"The Coroner’s Service is not independent from An Garda Síochána. This gives rise to serious issues when the death involves the behaviour of gardaí," the report found.

"Bereaved families and their lawyers questioned the thoroughness and impartiality of Garda investigations. It was their perception that informal social relationships and influence, particularly in close communities, had consequences for the independence of investigations ... and expressed concern that ‘protecting’ the bereaved from exposure to the full details of deaths, led to poor communication and unnecessary suspicion that case details were being withheld."

Families also reported some inquests accepted deaths in certain circumstances as ‘inevitable’ including deaths of mothers or babies in hospital; where the deceased was engaged in ‘risky’ behaviour or had a negative reputation; in suicides; and in deaths of cyclists.

In deaths involving the use of force or where the behaviour of the deceased prior to their death was highlighted, families felt the reputation of their loved one was questioned.

A cycling NGO's view is that cyclist deaths in Ireland are not taken seriously: "Gardaí and the station commanders have a conscious anti-cyclist bias … They see cyclists as the architects of their own misfortune."

The main role of a coroner is the investigation of sudden, unnatural, violent or unexplained deaths. Coroners are appointed by local authorities and are qualified lawyers or medical practitioners.

The report found they are overwhelmingly part-time appointments and there is a lack of centralised training. The part-time coroners are dependent on limited administration staff and garda investigators. It said the service remains seriously underresourced, particularly in the cities.

Phil Scraton investigated the Hillsborough disaster.

Due to these pressures, it functions with "neither thoroughness nor compassion" meaning delays can span decades and inconsistencies between districts means how an inquest into a death in Dublin is carried out is not the same as one in Kerry.

Grieving families are not guaranteed and often unaware of legal supports, while in contrast, the State and its institutions like the HSE "bring the full force of their legal arsenal". Families find themselves with no waiting areas and no support when they attend inquests.

Some families have waited for a decade for answers, "creating uncertainty and extending the grieving process indefinitely" due to waiting lists, delayed criminal court proceedings and administrative complications.

Bereaved families reported feeling adrift and exposed, without any reference made to their attendance and no explanation of the proceedings.

When a death involved State or private institutional interests (eg security companies, social services, and care providers) "an adversarial stage is set" with families.

Bereaved families’ responses to inquest verdicts included: dissatisfaction with the depth of inquiry, imbalance of evidence; protection of institutional interests, and alleged bias of the coroner.

A number of recomendations have been tabled to deal with the issues raised, including a consultation between the minister for justice and bereaved families and campaign organisations with the intention of establishing a charter for the bereaved.

The report also recommends the rationalisation of the 39 coroner districts to create a region-based, distinct agency reflecting population demography, as well as an acceptance by the Government of the need to increase funding necessary to meet the requirements of a professional coroner service.

Mr Scraton said: "The Irish Government must prioritise the radical reforms recommended by the 2000 review. While there are excellent coroners, they are poorly served by chronic under-resourcing and deficient powers.