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 Erin McGreehanErin McGreehan (Fianna Fail) | Oireachtas source

The Minister is very welcome to the committee today and I thank him for his engagement. He mentioned in his speech that the discretion afforded for interventions will be exercised transparently. Will there be a detailed process for that transparency? Will people know what that process will be, for the benefit of all sides, including the Government, victims and survivors?

I am concerned about the unidentified remains. Unfortunately, we have decades upon decades of burials in this country and not all remains will be identified. I fear there is not enough emphasis on looking after them, respecting them and giving them the burial they need. What will happen then with the DNA database or whatever the case may be? The Minister said the agency will not be barred from passing on its evidence to the coroner. That makes sense. He spoke about an administrative process but what are the barriers or limits to that? We will, unfortunately, have a lot of remains. What are the circumstances in question? Will it be up to the agency to create the circumstances for passing on those investigations or details to the coroner? Where do those lines fall?

Regarding the balancing of rights, the Minister mentioned the constitutional protections relating to residential property. Would there be a case for using compulsory purchase orders, CPOs, for land under reasonable circumstances?

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