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"New Coroners (Amendment) Bill 2017 to proceed as a priority" - Tánaiste

The Government today approved a proposal from the Tánaiste and Minister for Justice, Frances Fitzgerald, to draft as a matter of priority the Coroners (Amendment) Bill 2017.

The Bill will ensure that there would be mandatory reporting, post-mortem examination and inquest in cases of maternal death.

It will also extend the legal aid provisions, introduced for certain inquests in the Civil Law (Miscellaneous Provisions) Act 2013 to a family member of the deceased at the inquest in cases of maternal death.
The Tánaiste said:
“This Bill introduce mandatory reporting, post-mortem examination and inquest in cases of maternal death. It will ensure clarity for responsible persons, including hospital authorities and will support the development of transparent and accountable oversight for checking and investigating certain types of death. Most importantly, it will provide clarity and transparency for bereaved families,
“I also intend to bring forward a number of related provisions, already agreed under the Coroners Bill 2007, that will strengthen the effectiveness of the coroner’s inquest and improve compliance with our obligations under the European Convention on Human Rights.

“Subject to the advice of the Attorney General, I hope to be in a position to publish the Bill to the Oireachtas as soon as possible to allow debate to take place in this session.

“I also want to acknowledge the contribution of Deputy Clare Daly, through her Private Members Bill and I appreciate and share her concerns around these important issues.”
The Bill will provide for the following key complementary measures:
· Greater clarity and transparency in the mandatory reporting of certain types of deaths: it will put in place a detailed list of concrete examples of mandatory reportable deaths to reflect existing best practice,
· It would be an offence for a responsible person, not to report a mandatory reportable death to the coroner,
· Improved provisions on the reporting of certain peri-natal and infant deaths, to support transparent provision of information by health and other authorities to bereaved families.

Note to Editors:

Coroners (Amendment) Bill 2017:
The key element of the Coroners (Amendment) Bill 2017 is to introduce mandatory reporting, post-mortem examination and inquest in cases of maternal death. The intention is to ensure that maternal deaths are fully investigated by way of a coronial inquest. These measures include providing for:
Greater clarity and transparency in the mandatory reporting of certain types of deaths, including in particular maternal deaths: with a detailed list of concrete examples of mandatory reportable deaths to reflect existing best practice,
It would be an offence for a responsible person, not to report a mandatory reportable death to the coroner,
Improved provisions on mandatory reporting of certain peri-natal and infant deaths, to support transparent provision of information by health and other authorities to bereaved families. (There is no proposal for mandatory post mortem or inquest in these cases, but these may, as currently, be directed by the coroner if concerns arise based on the report of the death),
The scheme of legal aid for a family member of the deceased at inquest, introduced in 2013 for certain categories of deaths, will be extended to cases of maternal death.

A maternal death is defined under the Bill (in accordance with the internationally-recognised World Health Organisation definition (WHO-ICD 10) as the death of a woman while pregnant or within 42 days after the end of the pregnancy (by delivery, miscarriage or intervention, for instance in the case of ectopic pregnancy), from any cause related to or aggravated by the pregnancy or its management, but not from accidental or incidental causes.

Such deaths are, medically, rare events, but due to their seriousness should be carefully monitored. (The Second Report on Ireland of the Confidential Enquiry into Maternal Death (CEMD), published in Cork in February 2015, identified a total of 31 maternal deaths in Ireland over the period 2009 – 2012.)

Mandatory reporting of maternal deaths and of certain peri-natal and infant deaths was already included in the Coroners Bill 2007.

A limited range of new provisions, also long intended and included in the Coroners Bill 2007, will strengthen the effectiveness of the coroner’s inquest and improve compliance with our obligations under the European Convention on Human Rights. These include:

· Clarifying that the purpose of the inquest is to establish the medical cause of death and the circumstances in which death took place, and to reach a verdict, though without making any finding of civil or criminal liability,
· Strengthening the coroner's powers to summon witnesses to an inquest, and to direct a witness to produce documents and evidence, or answer questions,
· New powers for the coroner to enter and inspect premises, take copies or take possession of any evidence,
· Appropriate penalties for a witness not co-operating with the inquest, and
· A new power for the coroner to request the High Court for directions on a point of law arising from inquest.