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)
Patrick Costello (Dublin South Central, Green Party) | Oireachtas source
My point is about an assumption that these techniques will be used. A justification should be required if they are not being used. While I appreciate the head of the agency could be called up by any committee, the chances are that will be a delayed process. We do not want a situation where an exhumation or investigation has begun on the wrong terms and when the head of the agency gets to the committee, he or she holds his or her hands up and states that the work has already started and cannot be changed. It is about assuming a maximised starting position where we make the assumption that we will do as much as possible and then justify each step backwards. The legislation tends to take the opposite approach. It enables us to do a lot but it does not necessarily make that assumption and, therefore, the transparency in the decision-making process is not there. The legislation would be stronger and people would have more faith in it if it took the assumption that these things would happen instead of the opposite.
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