The Irish Times view on the Coroners’ Courts: Stardust shows need for reform

The Stardust inquests point the way for a long overdue reform of the Coroners Service. Dr Myra Cullinane’s decision to put the bereaved families at the centre of the process, most notably by asking them to give pen portraits of their loved ones before the formal start of the inquests, was both apposite and empathetic. By doing so the coroner signalled that the inquests’ purpose went beyond establishing the facts of the death of 48 people in a horrific fire 43 years ago; it was also part of a process by which those affected could move on from their loss. The wisdom of her approach is apparent from the response of the families. However, it remains the exception rather than the rule.

Dr Cullinane was preaching to the choir as far as the Irish Council for Civil Liberties and other organisations that have long called for an overhaul of the Coroner Service to better reflect the rights of the bereaved are concerned.

A review by the Department of Justice carried out in 2000 identified the lack of direct support to bereaved families as possibly the single most important deficiency in the system.

There are many other deficiencies, arising in the most part from the ad hoc nature of the service. With the exception of Dublin, where they are appointed on a full-time basis by the Department of Justice, coroners are either doctors or lawyers employed part-time by local authorities. There is currently no central organisation with responsibility for managing the service to ensure consistent standards are applied, to provide training and to implement reforms in areas such as jury selection.

All 48 Stardust deaths the result of unlawful killing

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Jury in Stardust inquest

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How did the unfounded claim that the Stardust fire was caused by arson take hold?

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Joe Duffy’s snap judgment on Simon Harris’s Stardust apology somehow captures the wider mood

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Addressing this deficit is a prerequisite to any serious attempt to create a more professional coroner service that puts the bereaved at the centre of the process. Doing so would ensure that bereaved families could be made aware in advance of the nature of the process, its purpose and the possible outcomes. Likewise, families could get guidance as to whether they need legal advice and if they can avail of legal aid. Coroners could be trained in areas such as trauma-informed practice and bereavement awareness to ensure the process is as sensitive as possible to the needs of families.

The Coroners Amendment Bill is currently being drafted by the Department of Justice. Its main purpose is to allow the appointment of more coroners on a full-time or temporary basis. A public consultation is also being run on how the system might be reformed in the future. There will be no shortage of reforms to consider.

If Taoiseach Simon Harris is serious about his stated intention to make amends for the 43-year wait endured by the Stardust families and to ensure that mistakes are not repeated, then he should take the opportunity presented by the bill to fundamentally reform the Coroner Service.