Plan to allow Northern Ireland coroners to investigate deaths abroad

Naomi Long
Coroners in Northern Ireland will be able to investigate some deaths abroad under proposed new legislation.
Naomi Long, the justice minister, yesterday 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.
However, the legislation will not be progressed within the current Assembly mandate, meaning it will be introduced after the next elections in 2027, subject to the approval of the justice minister and Executive of the day.
Mrs Long 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, according to the Department of Justice.
For example, coroners have no powers to compel foreign authorities to co-operate with an inquest, nor secure witnesses to provide testimony.
A second postmortem following repatriation also presents significant technical and practical difficulties for the state pathologist’s department where a postmortem 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.
“My preference is that reporting a death should be family-led,” Mrs Long said.
“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.”