Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

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Assignment and appointment of temporary coroner in exceptional circumstances

7. The Principal Act is amended by the insertion of the following section after section 11A:

“11B. (1) The Minister may, in exceptional circumstances arising due to the number or nature of deaths resulting from a pandemic, catastrophic event or other occurrence leading to mass fatalities, upon a request in that behalf from a coroner for a coroner’s 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 subsections (3) and (6), appoint a person (including a person who previously stood appointed as a coroner or deputy coroner for any coroner’s district) who has not attained the age of 75 years at the time of the appointment and is qualified for such appointment under section 14,

to act temporarily as a coroner (in this section referred to as a ‘temporary coroner’) for the first-mentioned coroner’s district if the Minister is satisfied that such assignment or appointment is necessary for the purpose of increasing the number and progress of inquiries under this Act into deaths in that 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 6 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, upon a request in that behalf from the coroner for the coroner’s district concerned and 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 6 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, upon a request in that behalf from the coroner for the coroner’s district concerned, be renewed in writing, up to a maximum of 3 times, by the Minister and each renewal may be for a further period not exceeding 6 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.

(c) An assignment or appointment shall not be renewed under paragraph (a) or (b) unless the Minister is satisfied that at the time the renewal is requested—

(i) the exceptional circumstances referred to in subsection (1) exist, and

(ii) such renewal is necessary for the purpose referred to in that subsection.

(6) The appointment of a person as a temporary coroner shall cease upon the person attaining the age of 75 years.

(7) A request by a coroner under subsection (1) or (5) shall—

(a) be in writing, and

(b) specify the exceptional circumstances referred to in subsection (1) which apply and the reasons why the coroner considers that such assignment, appointment or renewal, as the case may be, is necessary for the coroner’s district concerned for the purpose referred to in that subsection.

(8) The Minister shall, before making or renewing an assignment or appointment under this section, consult—

(a) in the case of a coroner’s district other than the coroner’s district of Dublin, with the local authority in whose area the district is situate, and

(b) in the case of a proposed assignment under subsection (1)(a) of a person who stands appointed in another district as a deputy coroner, with the coroner for that other district.

(9) Where a person is assigned or appointed to act as a temporary coroner under this section, the Minister shall—

(a) in the case of a coroner’s district other than the coroner’s district of Dublin, designate the coroner who made the request under this section as the senior coroner for that district for the period of such assignment or appointment and that senior coroner shall, for that period, order the work of the district, and

(b) in the case of the coroner’s district of Dublin where no senior coroner is designated under subsection (7) or (9) of section 6A, designate the coroner for the coroner’s district of Dublin who made the request as the senior coroner for that district for the period of such assignment or appointment and that senior coroner shall, for that period, order the work of the district.

(10) During the illness or absence of the person designated under subsection (9) to be the senior coroner for a coroner’s district, the Minister may designate the deputy coroner for the district concerned to perform the functions of the senior coroner for that district for any period during such illness or absence.

(11) A designation under subsection (9) or (10) shall not affect the independence of any other coroner, or of any other person exercising the powers and duties of the coroner, for that district, in the performance of his or her functions as such.

(12) A person assigned or appointed to act as a temporary coroner under this section shall, during such period of assignment or appointment, have all the powers and duties, other than a power to appoint a deputy coroner, of a coroner for the coroner’s district concerned.

(13) An assignment or appointment made under this section may be revoked by the Minister at any time.

(14) (a) A person assigned or appointed to act as a temporary coroner under this section for the coroner’s district of Dublin shall be paid such salary, inclusive of any travelling, subsistence and other out-of-pocket expenses incurred by him or her in the course of his or her duties as temporary coroner, as may be agreed with the Minister.

(b) A person assigned or appointed to act as a temporary coroner under this section for a coroner’s district other than the coroner’s district of Dublin shall be paid such salary, inclusive of any travelling, subsistence and other out-of-pocket expenses incurred by him or her in the course of his or her duties as temporary coroner, as may be agreed with the local authority in whose area the district is situate.

(15) The Minister, in the case of the coroner’s district of Dublin, or the local authority in whose area the district is situate, in the case of any other coroner’s district, shall pay such expenses, other than out-of-pocket expenses, as the temporary coroner incurs in the course of his or her duties as temporary coroner.”.