Oireachtas Joint and Select Committees

Wednesday, 14 April 2021

Joint Oireachtas Committee on Children and Youth Affairs

General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats) | Oireachtas source

I thank all the witnesses. I have two questions, the first of which is for Dr. O'Rourke. We have heard how crucial finding the fate of the disappeared is from a human rights perspective, but disapplying the coroner's jurisdiction seems to fly in the face of those fundamental human rights. However, the Coroners Act clearly sets out that it is the duty of the coroner to hold an inquest where the body is found in their district and when a person dies in State custody or detention. Does this law still apply even if the Act disapplies the coroner's jurisdiction in this instance? Obviously, we know it would require unprecedented resources, but that would not negate the law and the need to find those resources. That is my first question for Dr. O'Rourke.

If there is time for a brief answer, my second question is for Ms Harney, Ms Lohan and Ms Corless. In her opening statement, Dr. O'Rourke mentioned that the Attorney General and the Minister for Justice may direct the coroner to act. Would Ms Harney, Ms Lohan and Ms Corless like to see this happen?

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