Coroners (Amendment) Act 2024

JurisdictionIreland
Year2024
CitationIR No. 4/2024


Coroners (Amendment) Act 2024

2024 4

An Act to provide for the appointment of one or more coroners in the coroner’s district of Dublin; to provide for the assignment or appointment of a person to act temporarily as a coroner in a coroner’s district where necessary due to the number or nature of deaths in that district; to provide for the circumstances in which a person shall not be eligible for appointment, and shall cease to hold office, as a coroner or deputy coroner; and for those and other purposes to amend the Coroners Act 1962 and the Civil Law (Miscellaneous Provisions) Act 2022; and to provide for related matters.

[16 February 2024]

Be it enacted by the Oireachtas as follows:

S-1 Definitions

1 Definitions

1. In this Act—

“Act of 2022” means the Civil Law (Miscellaneous Provisions) Act 2022;

“Minister” means the Minister for Justice;

“Principal Act” means the Coroners Act 1962.

S-2 Amendment of section 6A of Principal Act

2 Amendment of section 6A of Principal Act

2. Section 6A of the Principal Act is amended by—

(a) the substitution of the following subsection for subsection (5):

“(5) A person appointed under subsection (6A) to be a coroner for the coroner’s district of Dublin shall hold office on such terms and conditions (including terms and conditions relating to remuneration and superannuation) as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determines.”,

(b) the substitution of the following subsection for subsection (6A):

“(6A) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint one or more than one person to be a coroner for the coroner’s district of Dublin.”,

(c) the substitution of the following subsection for subsection (6B):

“(6B) A person appointed under subsection (6A) to be a coroner for the coroner’s district of Dublin shall be a civil servant in the Civil Service of the State.”,

(d) the insertion of the following subsections after subsection (6B):

“(6C) A person appointed under subsection (6A) to be a coroner for the coroner’s district of Dublin shall not, without obtaining the prior consent in writing of the Minister—

(a) hold any other office or occupy any other position in respect of which emoluments are payable, or

(b) carry on any other business, trade or profession.

(6D) Section 14A shall not apply to a coroner for the coroner’s district of Dublin appointed under subsection (6A).

(6E) On the coming into operation ofsection 2 of the Coroners (Amendment) Act 2024, sections 13 and 15 shall cease to apply to a coroner for the coroner’s district of Dublin appointed under subsection (6A).

(6F) A person who, immediately before the coming into operation ofsection 2 of the Coroners (Amendment) Act 2024, held the office of deputy coroner in the coroner’s district of Dublin shall, on such coming into operation, cease to hold that office and, for the avoidance of doubt, subsection (5A) and section 13(9) shall, to the extent that they apply to any such deputy coroner, cease to apply to that deputy coroner.”,

and

(e) the deletion of subsections (7), (8) and (9).

S-3 Tenure of office of coroner for coroner’s district of Dublin

3 Tenure of office of coroner for coroner’s district of Dublin

3. The Principal Act is amended by the insertion of the following section after section 10:

“10A. (1) A coroner for the coroner’s district of Dublin appointed under subsection (6A) of section 6A shall, unless he or she sooner dies, resigns, retires in accordance with the terms and conditions of his or her appointment under that section or is removed from office, hold office for such period, not exceeding 5 years, from the date of his or her appointment as the Minister shall, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(2) A coroner to whom subsection (1) applies and whose term of office expires with the passage of time may be re-appointed by the Minister for one further period, not exceeding 5 years, as the Minister shall, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(3) Where a coroner for the coroner’s district of Dublin intends to resign or vacate the office, he or she shall give not less than 3 months’ notice in writing of such intention to the Minister.

(4) On the coming into operation ofsection 3 of the Coroners (Amendment) Act 2024, section 11 shall cease to apply to a coroner for the coroner’s district of Dublin.”.

S-4 Amendment of section 11 of Principal Act

4 Amendment of section 11 of Principal Act

4. Section 11 of the Principal Act is amended, in subsection (1), by the substitution of “Subject to section 10A, every” for “Every”.

S-5 Assignment and appointment of temporary coroner where necessary due to number or nature of deaths

5 Assignment and appointment of temporary coroner where necessary due to number or nature of deaths

(1) The Principal Act is amended by the substitution of the following section for section 11B:

“11B. (1) The Minister may, where he or she is satisfied that, due to the number or nature of deaths in a coroner’s district, it is necessary for the purpose of increasing the number and progress of inquiries under this Act into deaths in that district—

(a) subject to subsection (2), assign a person who stands appointed as a coroner or deputy coroner for another coroner’s district, or

(b) subject to subsection (3), appoint, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, a person (including a person who previously stood appointed as a coroner or deputy coroner for any coroner’s district),

to act temporarily as a coroner (in this section referred to as a ‘temporary coroner’) for the first-mentioned coroner’s district.

(2) An assignment of a person under subsection (1)(a) shall be made only with the consent of the person to be assigned.

(3) The Minister shall, before making an appointment under subsection (1)(b), satisfy himself or herself that the person possesses the requisite knowledge and ability for the proper discharge of the duties of a coroner.

(4) An assignment or appointment under subsection (1) shall be in writing and shall be made for a specified period, not exceeding 12 months, from the date of the assignment or appointment, as the case may be.

(5) (a) Subject to paragraph (c), an assignment under subsection (1)(a) may, with the consent of the person who is the subject of the assignment, be renewed from time to time in writing by the Minister for a further period not exceeding 12 months from the expiration of the period specified in accordance with subsection (4), or, as the case may be, from the expiration of the last period of renewal under this paragraph.

(b) Subject to paragraph (c), an appointment under subsection (1)(b) may be renewed in writing, up to a maximum of 3 times, by the Minister with the consent of the Minister for Public Expenditure, National Development Plan...

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