Coroners in Northern Ireland will be able to investigate some
deaths abroad under plans to be taken forward by the Department
of Justice.
Justice Minister has today published her plans
for coronial investigations into deaths abroad, which seek to put
families at the centre of the process.
Under the plans, legislation will be introduced which will allow
coroners in Northern Ireland to carry out inquests into
unexpected, unexplained or suspicious deaths which occur abroad,
and where the body has been returned to Northern Ireland.
Explaining the rationale for the proposed changes, which follow a
public consultation and stakeholder engagement, Minister said: “Losing a loved one in any
circumstance is one of most traumatic experiences that any family
can go through.
“Where that death is unexpected, or where the circumstances are
not clear or suspicious, the absence of answers only serves to
compound their grief.
“My view has always been that it was not sustainable for Northern
Ireland to be a place apart from our nearest neighbours and for
our citizens not to have the same access to an investigation as
their counterparts in England and Wales, Scotland, and Ireland.
“At the same time, a careful balance must be struck. I want our
coronial system to help as many bereaved families as possible,
while bearing in mind the very real practical difficulties that
may limit what is possible in such cases.”
There are a range of factors which can significantly impact on
the potential effectiveness of a coronial investigation into a
death abroad. Coroners have no powers to compel foreign
authorities to co-operate with an inquest, nor secure witnesses
to provide testimony.
A second post-mortem following repatriation also presents
significant technical and practical difficulties for the State
Pathologist's Department where a post-mortem has already been
carried out abroad.
While the planned legislation will not change this, it will allow
coroners to investigate deaths that have occurred abroad where
they meet certain criteria.
The Minister continued: My preference is that reporting a death
should be family-led.
Families may, but should not be required, to report a death, and
it should be in circumstances where that death is unexpected,
unexplained, or in suspicious circumstances, and where they are
concerned that overseas authorities have not established the
cause and circumstance of the death, or there is doubt about the
accuracy of any findings.
This will support those families who may still want answers,
while empowering those who want to move on to make funeral
arrangements without any further unnecessary bureaucracy.
I also remain of the view that there should be clear statutory
criteria to define the circumstances in which an inquest could
take place, with the Attorney-General for Northern Ireland having
the primary decision-making function.
This will bring clarity to the law and ensure there is a
consistent approach which supports families without adding
further grief and trauma.
Notes to editors:
- In the rest of the UK and Ireland, coroners, or the Lord
Advocate in Scotland, can already investigate a death abroad
where a body has been repatriated, although that power is
exercised differently in each jurisdiction.
- Any new primary legislation would be progressed in the next
Assembly mandate, subject to an incoming Minister and a new
Executive agreeing to legislate on this matter.
- The Coronial Investigations into Deaths Abroad Way Forward
document can be viewed at the publication section of
this website
- View the public consultation on
coronial investigations into deaths abroad
