Oireachtas Joint and Select Committees

Tuesday, 27 April 2021

Joint Oireachtas Committee on Children and Youth Affairs

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

Mr. Rody O'Brien:

I thank the Senator for her question. It is a point we made in our submission. There appears to be a loophole in how the Bill is drafted in that regard. There is a gap. Head 5(4)(c) sets out where the owner is withdrawing or not allowing consent for the investigation and the Government maintains it is being withheld unreasonably on the basis that the owner of the land was the owner at the time the manifestly inappropriate burials took place or that they acquired the site in question on or after the date of publication of this general scheme. There is a gap there of parties who may have acquired land between those two dates.

I am not sure whether it is appropriate to mention any particular institution. I know of at least one prominent institution, however, with regard to planning and development which would fit into that particular category. That needs to be tightened up to allow the State-----

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