Ms Sinéad Fitzpatrick:

On the sampling piece, I am not a technical scientific expert, so I do not know if there is a best practice approach in that specific area. However, there are a number of international resources that can provide very good guidance on how to approach the DNA sampling piece and the more comprehensive multidisciplinary approach to identification, including the Bournemouth protocol and the forensic guidance developed through EU funding by the Argentinian forensic team. That, specifically, is quite helpful in its detail in terms of the different layers of multidisciplinary approaches needed.

The issue with the sampling is also that it cannot be seen in isolation from the full legislation. There was a real focus on DNA identification as the way to identify and uncover who the bodies are and what happened. If the Bill had a more multidisciplinary approach, incorporating different professionals and wider investigative powers, then that might not be so much of an issue but in an of itself, it is quite limited and could be problematic in terms of providing individual redress and truth and understanding to family members. That would be a key concern on that side.

On the procedural aspect, the Senator made the point that while judicial review is arguably an open option, it is more limited to a full appeal of the facts in any given case. There has been recent case law asserting that there is a requirement for statutory appeal or an independent appeal where the rights engaged are significant. The commission would argue that this whole issue engages very significant and important rights in respect of the identity of human remains, the return of family members and understanding what happened to them. The identification process is key to that. Where a decision is taken not to exhume a mass grave plot based on limited sampling, that has a significant effect on the survivors and family members. Therefore, a statutory and independent appeal would appear to me more appropriate and provide for more robust safeguards in that regard.