The Supreme Court criticised the legislature yesterday for failing to act when the Coroners Act of 1962 was found to be unconstitutional in 1993.
It was not the first time that the courts have criticised the legislature. Most notable was when the Supreme Court pointed out that the failure of the legislature to clear up anomalies had left it to the courts to make decisions on abortion.
However, the case yesterday was different. An Act of the Oireachtas was found to be unconstitutional in 1993 and nothing was done about it, leaving it open to continuing challenge and leaving the coroner with reduced powers.
It also leaves him relying on the Attorney General, as guardian of the public interest, to attempt to compel a witness to attend who has refused to do so. It is hardly surprising, given that the only sanction open to the coroner is a £5 fine, that such an attempt is now being challenged.
Indeed, counsel for the AG described the legislation as flawed.
We must await the decision of the Supreme Court on whether the Attorney General has the power to compel attendance at an inquest. The full hearing of this case depends in turn on whether the woman at the centre of the case, Ms Lynda Lee, gets legal aid through the "Attorney General's scheme".
This is a special scheme whereby a fund administered by the Attorney General pays for legal representation in cases which fall outside the remit of legal aid and which are thought to be of special complexity or importance.
So the Attorney General - if he decides that Ms Lee should benefit from the scheme - will, in the public interest, be funding a challenge to his own case.
Whatever happens in this case, that particular section of the Coroners Act remains unconstitutional, and has been since 1993.
According to Government sources, no system or procedure exists for reviewing legislation which has been found unconstitutional. Each department is supposed to take responsibility for legislation in its own area.
The government in power in 1993 and 1994 was the Fianna Fail-Labour coalition led by Mr Albert Reynolds and Mr Dick Spring. The minister for justice was Ms Maire Geoghegan-Quinn.
This was succeeded by the rainbow coalition led by Mr John Bruton, and involving the Labour Party again, along with Democratic Left. Ms Nora Owen was minister for justice.
The present Minister for Justice, Mr O'Donoghue, who came into office in 1997, established a working group in December 1998 to review the coroners service and the Coroners Act.
According to a spokesman for the minister, the group is now finalising its report, which will be published shortly.