Review of the Coroner Service - The Department of Justice and ...

LIST OF RECOMMENDATIONS38. The current role of the jury in viewing thebody of the deceased should be removed.39. In circumstances where a coroner permits adoctor to certify a death even when theyhave not treated them within one monthof the death, there should be a statutoryrequirement on the doctor to carry out anexternal examination of the body.40. A duty should be placed on funeraldirectors to ensure that a certificate ofdeath is procurable or that clearance hasbeen obtained from the coroner to burythe body. Such clearance procedures shouldbe part of the proposed Coroner Rules.41. New enforcement powers should be givento the Gardaí: (a) to enter a premises inwhich a body lies and to makeinvestigations in support of the coronersinquiry; (b)to secure possession of a bodywhere they are being prevented from sodoing and; (c) to recover possession of abody where it has been removed from amortuary or morgue without thepermission of the coroner.42. The existing legal provisions regarding theremoval of a body from the State shouldbe reworded so as to positively direct thatno body should be removed from the Stateunless approval to do so has been obtainedfrom the coroner in whose district it lies.43. A coroner should be empowered to requestan exhumation from the Minister on hisown initiative without first having to berequested to do so by the Gardaí.3.3.5 Post-mortems44. There should be a statutory requirement ona coroner to order a post mortem if he is ofthe opinion that a death has not been dueto natural causes.45. A statutory basis in relation tocircumstances and procedures for theremoval, retention and disposition oftissues and organs in coroner directed postmortemsshould be set out in CoronersRules.46. Coroners should be given the power toorder a post mortem from the StatePathologist without prior approval by theMinister. The procedures and circumstancesgoverning these special Post-mortemsshould be established in Coroners Rules asset out in the Outline Coroner’s Rules inAppendix J.47. The Gardaí should also be permitted torequest directly the services of the StatePathologist on authorisation by thecoroner, who would be obliged to givesuch authorisation on request of a Garda,not below the rank of Inspector.48. A post mortem should not be carried outby a pathologist where the coronerconsiders the pathologists association withthe hospital is likely to be called intoquestion at the inquest or is inappropriate.Coroners Rules should be developed tospecify the appropriate procedures.3.3.6 InquestsCOURTROOM FACILITIES, JURISDICTION OF THECORONER, VERDICTS, POWER TO MAKERECOMMENDATIONS49. The jurisdiction of the coroner shouldinclude the investigation not only of themedical cause of death but also theinvestigation of the circumstancessurrounding the death. This should beexpressed in positive terms in the newCoroners Act.50. Coroners should continue to be disallowedfrom considering matters for the purposeof apportioning civil or criminal liability.51. Given clarification on coroner jurisdiction,suicide verdicts should be returned13