Eastern Health Board v. Dublin City Coroner [2001] IESC 96 (27 November 2001)

Eastern Health Board v. Dublin City Coroner [2001] IESC 96 (27 November 2001)

The coroner acted ultra vires the Coroners Act 1962 by conducting a wide-ranging inquiry into speculative links between the death and the 3-in-1 vaccine and by adjourning the inquest for a lengthy period to commission further expert evidence. The statutory remit of an inquest is limited to ascertaining the proximate medical cause of death and the immediate circumstances, not to conduct a public inquiry into remote or speculative causes. The coroner's powers to summon additional medical witnesses are restricted by s.26 of the Act, and the procedures adopted in this case exceeded those powers.

Citation
[2001] IESC 96
Parties
Applicant/respondent: The Eastern Health Board; Respondent/appellant: Brian Farrell, Coroner for the City of Dublin; Notice Party: Vera Duffy; Notice Party: Kevin Duffy
Jurisdiction
Ireland
Judgment Date
27 November 2001
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Scope of Coroner's Inquest, Interpretation of Coroners Act 1962 S.30 and S.26, Ultra Vires Inquiry, Medical Evidence at Inquest, Adjournment of Inquest
Administrative Law Coroners Law Public Health Law Scope of Coroner's Inquest Interpretation of Coroners Act 1962 S.30 and S.26 Ultra Vires Inquiry Medical Evidence at Inquest Adjournment of Inquest

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Parties

The Eastern Health Board

Applicant/respondent

Brian Farrell, Coroner for the City of Dublin

Respondent/appellant

Vera Duffy

Notice Party

Kevin Duffy

Notice Party

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the coroner acted ultra vires the Coroners Act 1962 by conducting a wide-ranging inquiry into the cause of death, including possible links to vaccination
  2. 2 Whether the coroner was entitled to adjourn the inquest for a lengthy period to commission further medical evidence
  3. 3 Proper construction of 'how...the death occurred' under s.30 of the Coroners Act 1962

Ratio Decidendi

The coroner acted ultra vires the Coroners Act 1962 by conducting a wide-ranging inquiry into speculative links between the death and the 3-in-1 vaccine and by adjourning the inquest for a lengthy period to commission further expert evidence. The statutory remit of an inquest is limited to ascertaining the proximate medical cause of death and the immediate circumstances, not to conduct a public inquiry into remote or speculative causes. The coroner's powers to summon additional medical witnesses are restricted by s.26 of the Act, and the procedures adopted in this case exceeded those powers.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Declaration that the conduct of the inquest insofar as it purported to examine or determine whether the death was caused wholly or in part by the administering of the 3-in-1 pertussis vaccine was ultra vires the Coroners Act 1962
  • Declaration that it was ultra vires the Act of 1962 to adjourn the hearing for a period of sixteen months to conduct a medical investigation into the linkage between the pertussis vaccine and encephalopathy