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

Mr. David Dodd:

Sure. I would like to make two points on the existing law, if that is acceptable. As it happens, I am also a legislative drafter. I have acted for quite a few Members of the Dáil and Seanad. The first point when drafting legislation is that one has to understand what the existing law is before overlaying a new Act on top of it. The Chair mentioned the coroner's court process. As I understand it, that will simply continue. For example, if the developer or any other person finds remains at Bessborough House, the normal process will just kick in. I am not certain, therefore, that there is a need in that context for anything new, unless it leads to inaction that is unsatisfactory to members who want to do something to show and mark what has happened.

There is a second area to which this also applies. There is already an Act that sets out how to treat burial grounds, the Act from 1878. It still applies today. It was transferred via our Constitution in 1922 and 1937. There are rules and statutory instruments under that. When we dig them out, we see they make total sense. One fences off burial grounds. One does it so animals will not walk on them and so humans will not do so without knowing. One marks the graves. My point is that there are already Acts to deal with this. It is important when intervening in legislation that one does not inadvertently cut out what I describe. From our perspective, if the law was simply applied in the past or today, we would end up with a solution, which is a fenced-off area, an area regarded as sacrosanct by the relatives and to which they could go to sit and talk to their deceased. That, from our perspective, is the legislative background that is important to bear in mind. I hope that answers the question. I fully understand where the Acting Chairman is coming from.

Comments

No comments

Log in or join to post a public comment.