Families 'should get legal aid at inquests of their loved ones'

Justice committee's major new report also recommends giving coroners the ability to issue legally-binding rulings

The 'Irish Examiner' has been reporting on the concerns of grieving families about Ireland's Coroner's Service, including the present non-binding nature of coroners' recommendations. Picture: iStock

An Oireachtas committee has recommended free legal aid be provided to bereaved families for representation at inquests, as well as a structure to ensure that recommendations made at inquests are implemented.

The 144-page report from the Oireachtas justice committee on the operation of the Coroner’s Service contains 15 recommendations.

The report will be submitted to Justice Minister Simon Harris for consideration.

Prior to the committee’s examination of the issue, the Irish Examiner highlighted families’ concern that recommendations made by either coroners or juries at inquests are not legally binding.

Among the new reports recommendations are the following: 

• There should be “a structured and formalised process for implementing jury and coroner recommendations following an inquest should be introduced, similar to English and Welsh ‘Prevention of Future Death Reports’". 

• The report also calls for a central database for all recommendations made at inquests.

• Bereaved families who wish to have legal representatives in an inquest into their loved ones’ deaths should also be provided with legal aid, the report recommends.

• At present, the service is not centralised and each coroner is independent: The report calls for the introduction of a chief coroner’s office, along with a deputy coroner, to spearhead the service.

• The committee also recommends “a ‘Central Coroner Service’ be established as a new statutory agency, to uphold the fundamental principles of the Coroner’s Service and assist with administrative and organisational duties. An inspectorate should also be appointed to monitor consistency in practice.”

Consideration should be given to the introduction of an accessible process to appeal the verdict of a coroner’s inquest, according to the report. Currently, an inquest verdict can be appealed to the High Court in the form of a judicial review.

The report noted: 

It is an incredibly expensive and time-consuming process that many families do not wish to undertake in addition to the grief they are feeling at the loss of their loved one. 

In recent months, Cork City coroner Philip Comyn and the Mayo coroner and public information officer of the Coroners Society of Ireland, Patrick O’Connor, have called for increased resources for the service.

The chairman of the committee, Fianna Fáil TD James Lawless, said it was pleased to examine the operation of the Coroner’s Service. 

“The Committee was cognisant that a number of media reports had examined this topic over the last year and had highlighted various areas of the Coroner’s Service that were in need of further scrutiny and reform.”

While recognising previous efforts have resulted in some legislative reforms, including the passing of the Coroners (Amendment) Act 2019, the committee recognised that other recommendations and proposed reforms have not yet been implemented, he said.