The Minister for Justice, Mr O'Donoghue, has said he is committed to the reform of 40-year-old inquest legislation. This follows further criticism of the laws by the Coroners' Society of Ireland.
Updating the Coroners' Act could save bereaved families some of the trauma they are currently experiencing, according to the society. Limits on medical witnesses, lack of compulsion to attend, and a paltry fine system for those who refuse to give evidence are some of the weaknesses in the legislation, as highlighted in several recent cases, one of which occurred in Co Mayo.
The South Mayo coroner, Mr John O'Dwyer, was part of a delegation from the society which met Mr O'Donoghue last week to highlight concerns as inquests become more contentious.
A recent Supreme Court ruling limits the medical evidence which can be given at an inquest to two medical witnesses. The full implications of this ruling were highlighted at the recent inquest into the death of Jonathan Kelly, of Wicklow town, who was stabbed by a nine-year-old friend in September 2000.
Earlier this month, the issue of compellability of witnesses arose when a homoeopath failed to appear at an inquest in Westport, Co Mayo, into the death of a 55-year-old woman after an asthmatic attack. The homoeopath, Ms Mineke Kamper, gave a statement to garda∅. The jury returned a verdict of accidental death in accordance with the medical evidence, and recommended that persons considering alternative medication should only do so in consultation with their doctors. Ms Kamper has declined to comment.
Mr O'Dwyer, who was coroner at the inquest, could seek to impose a fine under Section 37 of the 1962 Coroners' Act, but the penalty stands at £5. A review of the coroners' service published last year recommended that this fine be increased to £1,000, in line with Northern Ireland and Britain.
The review also recommended that there should be no restriction on calling medical doctors.
Draft legislation prepared on foot of a review, published last year, has not been moved, and the society says it was informed that it was "not regarded as a priority".
However, a spokesman for the Minister told The Irish Times this was not the case.
"About 40 per cent of the legislation that goes through the Dβil is coming from this office, and the Minister has enacted 42 Bills already.
"The Minister has no control over the priority attached by the Oireachtas to legislation, and the order in which it is taken."