Oireachtas Joint and Select Committees

Tuesday, 18 May 2021

Joint Oireachtas Committee on Children and Youth Affairs

Pre-legislative Scrutiny of the General Scheme of the Certain Institutional Burials (Authorised Interventions) Bill (Resumed)

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

Inherently, that balancing approach is being undertaken by the Minister, in the first instance, and then the Government in determining whether an intervention is made.

It is important that that is there as it ensures there is a set of criteria in the Bill, so if the Bill was ever challenged in court the Government or Attorney General could point out that a balancing test is provided for. As regards the Government making a decision on a situation like Tuam, where there is such an incredibly inappropriate burial arrangement, the economic argument against intervention would have to be absolutely massive in order to rebalance that need to intervene.

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