Ann Murphy: Coroner system overdue much-needed reforms

Among the 52 recommendations for reform of the coronial process is ensuring the bereaved are at the centre of the process

A report called 'Out in the Cold' published by the Irish Council for Civil Liberties in 2021 made 52 recommendations for ‘root and branch’ reform of the coronial process. File photo

When the Oireachtas Justice Committee publishes recommendations next month on how the coroners system in Ireland should be reformed, it will not be the first time calls for reform have been made.

But it is hoped that the report will carry political weight given that the membership of the committee is made up of politicians from all sides of the Oireachtas, thus putting pressure on for its recommendations to be followed up. It is not the first time that the spotlight has been shone on the inquest system in Ireland, with a report called 'Out in the Cold' being published by the Irish Council for Civil Liberties in 2021. 

The report, co-authored by Dr Phil Scraton and Dr Gillian McNaull, made 52 recommendations for ‘root and branch’ reform of the coronial process – including ensuring the bereaved are at the centre of the process; professionalising and fully funding the coronial service while ensuring its independence from An Garda Síochána; introducing minimum human rights standards of practice; and the avoidance of unacceptable delays.

It also recommended that the failure to follow up on recommendations made at inquests must be addressed. Inquest recommendations are currently not legally binding.

Since 2019, Cork City Coroner Philip Comyn has been raising concerns about resources for his office, which is the only full-time coroners office outside of Dublin. File picture: Dan Linehan

During a recent debate in the Seanad, Galway-based Senator Sean Kyne raised concerns in relation to the implementation of recommendations made at inquests, highlighting a 2019 case where a woman was killed by Presa Canario dogs. Despite a recommendation at the inquest that the breed should be on the list of restricted dogs, Senator Kyne said it is only now that such a measure is being considered. 

He added: “However, the dogs are still available to buy. If you google them, you will find them.”  

The Oireachtas Justice Committee is expected to also address inquest recommendations in their forthcoming report.

Liam Herrick, executive director of the Irish Council for Civil Liberties, says there is a “compelling case” for a “proper national coronial system which is properly resourced, sets very clear standards and achieves levels of transparency that the current system can’t deliver.”

“We do think that there is increasing pressure both in relation to the work that we have done, that some academics are doing and particularly the Oireachtas Justice Committee. There is no immediate plan by this government to address this issue but we would be hopeful that the Oireachtas Justice Committee would create some momentum towards what is much-needed reform.” 

“We understand that in the last year or so, the priority of government has been to deliver effective inquests in the Stardust case and that has been their principal priority. That has been delayed on numerous occasions but from our point of view, it would not be acceptable that we don’t see some movement towards reform on the wider system questions in this Dáil and we hope that the Oireachtas Justice Committee would create some momentum towards that.” 

However, the Department of Justice says that many recommendations made in a report on the reform of the Coroner Service published in 2000 relating to the strengthening of the legal provisions regarding the work of the coroner were implemented.

In a statement to the Irish Examiner, the department says those improvements included:

• The Coroners (Amendment) Act 2005 ended the restriction on the number of medical witnesses allowed at an inquest.
• The Civil Law (Miscellaneous Provisions) Act 2011 provided for the restructuring and amalgamation of coronial districts. Coroner districts within counties have been amalgamated as opportunities have arisen. There were 48 districts in 2000, this has reduced to 38 in 2022.
• The Coroners (Amendment) Act 2019 clarified, strengthened and modernised coroner’s powers in the reporting, investigation and inquest of deaths. The scope of enquires at inquest was expanded beyond being limited to establishing the medical cause of death, to seeking to establish, to the extent the coroner considers necessary, the circumstances in which the death occurred. The Act also broadened the coroner’s powers relating to mandatory reporting and inquest of maternal deaths, deaths in custody or childcare situations and significant new powers to compel witnesses and evidence at inquest.

The department accepts however that administrative restructuring recommended in the 2000 report and incorporated in the 2007 Coroners Bill were not able to be progressed “due to the major challenges then confronting public finances”.

The spokesman added that steps had been taken to improve coronial services in Dublin, and said: “The Department continues to actively consider the optimum organisation of the Coroner Service.” 

However, since 2019, Cork City Coroner Philip Comyn has been raising concerns about resources for his office, which is the only full-time coroners office outside of Dublin. While the Dublin coroner’s office has been under the Department of Justice since 2018, all other coroners’ offices are funded by local authorities.

Sinn Féin’s Martin Kenny is a member of the Oireachtas Justice Committee and believes the coronial service should be run on a regional or centralised basis, rather than on a local authority areas basis.

He added: “This is where there would be a senior coroner and a number of deputies. When there is something that is controversial or requires additional scrutiny, there would be a panel to look at it, rather than one individual.”