Ms Maree Ryan-O'Brien:

I thank the members of the committee for their kind invitation to contribute to the discussion on the Bill and to discuss our submission.

I am an adoptee and founder of Aitheantas - Adoptee Identity Rights. As a recognised key stakeholder group, our primary objective is that reform of the law in this area should be led by victim-survivors and that the principle of 'people before paper' should be at the heart of any legislation. Throughout past processes, victim-survivors have been afforded what can only be described as witness or bystander status on matters directly affecting us. Matters concerning institutions, burials and forced and coercive adoption were constructed and maintained based on good intentions, knowing what was best and professional opinion. We feel that the narrative on this issue should be directed and led by victim-survivors as opposed to those who have not been directly affected. In advocating for an approach led by victim-survivors, we believe firmly in the process of restorative justice and the right of all victim-survivors to participate.

While we welcome this Bill as a first step in addressing urgent issues surrounding burials, in the context of an all-inclusive approach led by victim-survivors, we would like to highlight several key issues regarding the Bill. We believe there is an opportunity for this Bill to introduce an agency with broader functions to fulfil the objectives of this Bill, as per our submission. We question the remit of this agency and its ability to carry out its functions effectively. We are strongly of the view that existing agencies are no longer fit for purpose and should be replaced by a new agency with overall responsibility for these matters on the grounds of constitutional principles of fair procedures and centralisation of the different facets of the same issue in one agency.

The legacy of this issue is still one of shame, stigma and secrecy. While much time has been given over to the form of inquest and establishing the aspects of who, when, where and how, one of the first hurdles any agency must overcome is that due to the piecemeal approach of previous investigations and the limited understanding of this issue, some families are unaware that they have a family member who died in a home as some victim-survivors have yet to engage with this process. While we feel there is a role to be played by a coroner regarding inquests and investigating and establishing causes of death, the coronial system is one with known shortcomings.

As highlighted by other submissions, we also agree that there are fundamental questions in respect of human rights and burials, our obligations in law and the European Convention on Human Rights, ECHR, all of which require a more thorough investigative approach involving inquests, forensic investigations and storage of remains than is provided for in the Bill. We would also like to highlight the ownership of lands and burial grounds. We believe the State should take ownership of all burial grounds, including those identified and those yet to be identified, by means of compulsory purchase order, an established system under constitutional law, to fulfil its international human rights obligations and to preserve and protect these grounds.

The final key issue we would like to highlight and contribute to is the issue of archives and memorialisation. We are strongly of the view that the appropriateness of certain models and the shape that any future archive or memorialisation take are decisions that must be made by those directly affected when all the facts are known as part of an evolving and adaptable process.

We welcome questions from the committee members on our submission or our observations.