The Department of Justice has confirmed it will bring forward legislation to allow more than two medical practitioners to attend an inquest.
Under current law the coroner can call only two medical experts to give evidence at any one inquest, including a pathologist, which can create difficulties in complex cases.
A spokesman for the department said Minister for Justice Michael McDowell intended to bring forward the heads of an inquest Bill before the end of December. "It is his intention to enact it as soon as possible after its publication, hopefully in early 2006," the spokesman said.
The decision follows the Dublin city coroner's rejection yesterday of a request to adjourn the inquest of a two-year-old boy pending the new legislation.
The family of Pierce Nowlan, who died following a routine procedure at Our Lady of Lourdes Hospital for Sick Children in Crumlin in October 2004, had asked coroner Dr Brian Farrell to adjourn his inquest until the legislation to allow more medical witnesses was enacted. The family's barrister, Raymond Bradley, argued that 23 potential medical witnesses could be called and that it would be unjust for the coroner to deliver a verdict with the evidence of only two medical practitioners.
But the coroner said that though he accepted that without the evidence of the additional medics he could not "resolve conflicts or put a full narrative on the record" on the case, he could not accede to the request for an adjournment.
"It would be unprecedented for an inquest to be adjourned pending a change of legislation," he said.
"In principle it would be wrong and in my view it would not be legal either."
Dr Farrell said there was no issue about the cause of Pierce's death and he would be able to deliver a verdict on the case.
However, he did adjourn the inquest, for mention on January 26th next, to allow the family time to consider their options.
Mr Bradley said that they would consider applying for a judicial review of the case.
Stephen and Jean Nowlan, parents of Pierce, said they were devastated by the coroner's decision.
The couple had met the Minister for Justice earlier this week to highlight the impact the current restrictions on practitioner numbers has had on their son's case.
They also discussed the possibility of a file being sent to the Director of Public Prosecutions on the case.
"We don't want other parents to have to go through what we are going through," Ms Nowlan said.
Pierce, who had haemophilia, was admitted to Crumlin hospital to have a device fitted into a vein that would have allowed the regular injection into his blood stream of a clotting agent.
During the procedure an artery was punctured in the left side of his chest causing him to bleed and the oxygen flow to his brain was adversely impacted, resulting in his death.
