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)

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

I want to follow on from what Mr. O'Brien said, as well as what Ms Larkin said on the coroner and the existing law being enforced. I agree and I do not understand why it has not been enforced up until now and why this is treated like something different. We know the coroner is obliged to act. The Coroners Act 1962 states that when remains are found in a coroner's district he or she is obliged to act. One of the criteria pertains to a death that occurred in State care or institutions. There is no reason it has not already happened. At present, this Bill disapplies the coroner so I agree that this is very problematic.

If this Bill is not changed, despite our best efforts - and we will be pushing for that to be changed in the Bill - as far as I know that leaves us with one option, namely to push for either the Attorney General or the Minister for Justice to instruct the coroner to act, which they can do. Would the witnesses be in favour of that? If we cannot change this Bill to disapply the coroner, would they be in favour of the Attorney General or the Minister for Justice instructing the coroner to act?

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