Coroners may go to High Court to restore pay

Coroners say that promises of restoration of pay cuts have been made by four different Ministers of Justice over the past six years.

Coroners are considering High Court action to have cuts imposed during the recession restored, as criminal barristers withdraw their services again on Monday in their continuing action to have their pay restored.

Both professions are seeking the restoration of the cuts imposed in 2009 through the Financial Emergency Measures in the Public Interest (FEMPI) and are frustrated by the lack of progress in having the cuts restored.

Coronial sources are concerned that their pay restoration bid has been referred on to the Department of Housing and Local Government, because coroners had previously been told that the issue was with the Department of Public Expenditure. They also say that promises of restoration of the cuts have been made by four different Ministers of Justice over the past six years.

It is understood that the matter has been referred to the Department of Housing and Local Government because coroners’ pay is the responsibility of local authorities – apart from Dublin City, which is covered by the Department of Justice.

One source said: “Coroners feel that they are not being taken seriously nor is the work they do appreciated by the Government in various departments, despite the pious platitudes offered some months ago.” 

Information officer with the Coroners Society of Ireland, Patrick O’Connor, said: “Coroners are now contemplating such actions as may be appropriate in the circumstances up to and including proceedings in the High Court to vindicate their rights and entitlements.

The coroners are very conscious that whatever action they decide upon over the next few weeks should not affect people affected by sudden deaths that they investigate and are conscious that any disruption to the service that coroners give to the public is important for the loved ones who are grieving the loss of a person.

There are three different rates of fees for coroners:

- Death reported which does not proceed further to post mortem or inquest €129.68 

- Post mortem conducted which does not proceed to inquest €188.54 

- Inquest held and death certified following post mortem and inquest €522.97 

The rate is enshrined in the Coroners Act 1962 (Fees and Expenses) Regulations 2009.

A spokesman for the Department of Justice confirmed remuneration rates were reduced through FEMPI and that it has engaged with the Department of Public Expenditure on the restoration.

"On the advice of the Department of Public Expenditure, officials have opened up discussions with the Department of Housing, Local Government and Heritage and the local authorities which fund coroners outside of the Dublin district. An update on the outcome of this engagement will be provided to the Coroners Society of Ireland in due course.” 

Meanwhile, on Monday, criminal barristers will stage protests at five courthouses where criminal cases were due to be heard, including at Washington Street in Cork, Limerick City, the Criminal Courts of Justice in Dublin, Galway city, and Castlebar, Co Mayo.

The criminal barristers say that the full range of FEMPI-era cuts that were applied across the public sector in 2009 “continue to apply to the profession and the unilateral breaking of the link to public sector pay agreements has yet to be restored”.