Ms Sinéad Fitzpatrick:

The commission has concerns about the sampling approach and how it may affect the process, depending how it occurs in practice, and exclude the identification of family members where it could be otherwise possible. The basis and rationale for such a decision to take place could procedurally impact on family members identifying their own individual family members within a grave site. How that would operate in practice would be a concern. Another aspect is that the director would decide whether or not to proceed based on those samples. There does not seem to be any kind of process of appeal built in to that for family members to participate or challenge that decision. All of these decisions engage fundamental rights, as Professor Murphy said. On that basis, natural justice needs to be built into the processes. There needs to be an opportunity for families to challenge those and to have an understanding of why the decisions are made, that they are fair and decided by an independent body and review system. That is why it is important from a human rights perspective and there are concerns about it.