I move amendment No. 1:
In page 12, between lines 18 and 19, to insert the following:
“Reform of Coroners Acts
12. The Government shall, not later than 12 months after the date of commencement of this Act, bring forward legislation to reform the Coroners Acts 1962 to 2024, having due regard to recommendations contained in the Joint Committee on Justice Report on an Examination of the Operation of the Coroner’s Service, published in February 2023.”.
On the Bill, it is worth saying we are not opposing its passage. It is disappointing that the Bill only contains piecemeal reforms. It has clearly been moved in response to a deadline for the Dublin coroner's office. I am sure representatives will agree when I say the entire service is in need of some reform. While there are difficult issues in relation to independence and continuity of service, reform is long overdue. The founding Act goes back, I think, to 1962. It has been through the Committee on Justice, which published a report of which I am sure the Minister is aware. It covers much of the previous ground, as does the ICCL report.
In this amendment, we ask that not more than one year after the commencement of sections 1 to 12, the Government shall bring forward legislation to reform the Coroners Acts, having due regard to the recommendations contained in the committee report on an examination of the operation of the Coroner Service. It concerns the opaque nature of the appointment process. Recently, someone who I thought would be a very qualified candidate asked for clarity. He - an educated man - could not make head nor tail of how the whole process was going to work and how he could apply for what he anticipated might be an upcoming vacancy. He could not see any transparent application process or expressions of interest in the appointment of a coroner. The post seems to be passed to a deputy nominated by the outgoing coroner prior to their retirement. That is how it seems to work. The salary is funded by the local authority but that body does not choose to make an input to the selection process. Section 8 of the Coroners Act grants the power to appoint coroners to the local authority but this needs to change. Coroners should be centrally employed and funded, not from the coffers of the hard-pressed local authority.
While there are other provisions that allow for the appointment of a deputy coroner and the merging of districts, the open advertising of any role, which should be the normal course of action for a public service vacancy, does not take place. I find it hard to think anybody would disagree with that. That man said he made inquiries with Kerry County Council about the issue which came to naught. While the legislation dictates that the council is responsible for the appointment, there is nothing that stops the council from using the public appointments process to find qualified persons. Does the Minister have a view on this? Officials from the Committee on Justice will arrive presently, or, I hope, before the end of this Dáil sitting.
