Coroners (Amendment) Act 2024
|
Assignment and appointment of temporary coroner where necessary due to number or nature of deaths | ||
|
5. (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 Delivery and Reform, and each renewal may be 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. | ||
(c) An assignment or appointment shall not be renewed under paragraph (a) or (b) unless the Minister is satisfied that the renewal is necessary for the purpose referred to in subsection (1). | ||
(6) The appointment of a person as a temporary coroner under subsection (1)(b) or (5)(b), as the case may be, shall, unless he or she otherwise ceases to be a temporary coroner, cease— | ||
(a) in the case of a coroner’s district other than the coroner’s district of Dublin, on the expiration of the last period of appointment specified under either of those provisions or on the person attaining the age of 72 years, whichever first occurs, and | ||
(b) in the case of the coroner’s district of Dublin, on the expiration of the last period of appointment specified under either of those provisions or on the retirement of the person in accordance with the terms and conditions applicable to his or her appointment under subsection (10)(a), whichever first occurs. | ||
(7) 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. | ||
(8) A person assigned or appointed to act as a temporary coroner under this section shall, during the 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. | ||
(9) An assignment or appointment made under this section may be revoked by the Minister at any time. | ||
(10) (a) A person assigned or appointed to act as a temporary coroner under this section for the coroner’s district of Dublin shall hold office on such terms and conditions (including terms and conditions relating to remuneration) as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determines. | ||
(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. | ||
(11) The local authority in whose area a coroner’s district is situate, in the case of a coroner’s district other than the coroner’s district of Dublin, 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.”. | ||
(2) A person who, immediately before the coming into operation of subsection (1), stands assigned or appointed to act as a temporary coroner under section 11B of the Principal Act for a period specified under subsection (4) or (5) of that section shall, on such coming into operation, continue to be a temporary coroner for the remainder of such period and subsections (6) and (11) to (15) of that section as it stands immediately before such coming into operation shall continue to apply in respect of such assignment or appointment, as the case may be. | ||
(3) Where, immediately prior to the coming into operation of subsection (1), in the case of a coroner’s district other than the coroner’s district of Dublin, a person stands designated as the senior coroner for that district under section 11B(9)(a) of the Principal Act or designated to perform the functions of the senior coroner for that district under section 11B(10) of that Act, that person shall, on such coming into operation, continue to be so designated until the earlier of the following occurs— | ||
(a) he or she ceases to be, in the case of a designation under section 11B(9)(a), the coroner for that district or, in the case of a designation under section 11B(10), the deputy coroner for that district, | ||
(b) the period referred to in subsection (9)(a) of section 11B (as that section stood immediately before such coming into operation) of the Principal Act expires, or | ||
(c) there ceases to be more than one person appointed, assigned or acting as, or performing the duties of, a coroner in that district. | ||
(4) (a) Subject to paragraph (b), where, immediately prior to the coming into operation of subsection (1), in the case of the coroner’s district of Dublin, a person stands designated as the senior coroner for that district under section 11B(9)(b) of the Principal Act, that person shall, on such coming into operation, continue to be so designated until the earlier of the following occurs— | ||
(i) he or she ceases to be the coroner for that district, | ||
(ii) the period referred to in subsection (9)(b) of section 11B (as that section stood immediately before such coming into operation) of the Principal Act expires, or | ||
(iii) there ceases to be more than one person appointed, assigned or acting as a coroner in that district. | ||
(b) Where the person standing designated under section 11B(9)(b) of the Principal Act on the coming into operation of subsection (1) is a deputy coroner for the coroner’s district of Dublin acting as a coroner for that district, that designation shall cease on the coming into operation of section 2 . |