Oireachtas Joint and Select Committees

Thursday, 13 June 2019

Public Accounts Committee

2017 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 40 - Children and Youth Affairs

9:00 am

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein) | Oireachtas source

I fully accept that it is a quasi-court, that it is independent, and that it would be inappropriate for the Department or anybody to intervene directly in the work of the commission. I have no difficulty with that but there seems to be a fundamental issue for the families involved. If there are lines of communication between the Department and the commission, perhaps there could be an avenue to reflect some of the concerns of those family members. Ms Maeve O'Rourke, a human rights lawyer and lecturer at the National University of Ireland Galway, stated, "[A]s a State body under our ECHR Act 2003, the commission of investigation is obliged under Irish law to give effect to people’s European Convention rights". She went on to state that the rights include the right of family members of a deceased to information about the fate of their loved one, including burial location.

We are coming from a period when society was closed and insular. It is a throwback to that type of Ireland. People want a much more open and less insular approach to such tragedies and sensitive issues. Will the Department bear that in mind? While I do not advocate that it should directly intervene in the work of an independent commission, if there are lines of communication where those concerns could be expressed, it would be appropriate at least to communicate those concerns if they have not yet been communicated. Has the Department been contacted about the matter, or has any organisation raised such concerns with it?

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