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 Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I am in Leinster House. I thank the Minister for his comprehensive submission to the committee. I wish to be clear about a couple of things. As recently as last night, there was reference to Tuam on the RTÉ series about former State Pathologist, Dr. Marie Cassidy. She discussed the mammoth task it will be to identify the remains in Tuam. I am ever mindful, as we talk here about processes, that we may not overcome the very first hurdle, which is identification. Not all of the remains will have a DNA contact or a manner of identification. I always feel concerned and a responsibility for the expectation of relatives when considering what may be achievable. Dr. Cassidy talked about how complex identification will be. She said it may result in DNA and other testing being required on every item of remains. Forgive me the bluntness of my words.

The issue comes back to our original plan. This is about ensuring dignity and respect in death and a proper reinterment, or a proper interment because remains were not properly interred in the first place. We must now move to a proper and respectful interment. I hope, insofar as it is possible, that there will be a restoration of remains to the families and loved ones concerned.

There may be instances where that will not be able to be the case, however. I know the Minister and his officials have discussed these sorts of things. What are the plans in those instances?

The next outcry is about their cause of death and whether criminal procedures should follow from that. I hear what the Minister said about there being no intention here to corral or limit coronial power. There is merely a legal conflict about who holds jurisdiction whereby only one party can hold jurisdiction at any one time, and that is what is set into the Bill.

What are the Minister's plans? In our earnest desire to bring resolution, we have a huge task but not all of the answers. There will not be closure here for every set of remains. What timeline does the Minister envisage? If we are coming to pre-legislative scrutiny sometime in the autumn, this will be before both Houses of the Oireachtas and will be enacted into law. After that, when do we expect to break ground in Tuam, mindful that a long period has already elapsed? Time is of the essence. We also have the issue of perhaps the implications of further decomposition so I would be interested to hear about a timeline.

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