Medical Protection Society (MPS) has said that coroner’s inquests in Ireland must remain inquisitorial rather than adversarial, working to bring together the most relevant witnesses and reduce the time taken for an outcome.
MPS provides protection and support on legal and ethical issues for more than 16,000 healthcare professionals in Ireland.
Its suggestions were set out in response to the Government’s consultation process on its plans to modernise the Coroner Service.
‘Distressing experience’
Among its recommendations, MPS proposes that, while gardaí should remain involved for tasks such as body identification, coroners are best placed to approach witnesses – including doctors – to attend court.
MPS says that this would remove what it describes as “the distressing experience” of having the gardaí as a first point of contact. It adds that this can make inquests appear as though they are a personal criminal investigation against witnesses.
The organisation also believes that creating a step-by-step guide for families and witnesses, to ensure that those involved fully understand the purpose of an inquest, may also reduce the need for legal representation.
Essential witnesses
To further support the outcome of inquests and those involved, MPS proposes that, where appropriate, a pre-Inquest meeting could be held between legal representatives and the coroner.
“This meeting would enable the selection of the most appropriate witnesses who provide essential evidence to the case, in turn reducing the time taken during the court proceedings,” it states.
Dr James Thorpe (deputy medical director, MPS) said: “Inquests can sometimes feel akin to a High Court civil action, with requests from legal representatives for a large number of medical personnel to attend.
“Our proposal of a pre-Inquest meeting, where appropriate, could help to select the most essential witnesses to the case, reducing the time taken. This, with our other recommendations may help to reduce any unnecessary stress or confusion to all involved,” he added.