Oireachtas Joint and Select Committees

Tuesday, 3 May 2022

Select Committee on Children and Youth Affairs

Institutional Burials Bill 2022: Committee Stage

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

During the course of the pre-legislative scrutiny debate, we went back and forth on this in terms of where jurisdictions begin and end. At that time we were concerned to draw clear distinction between the actions of this agency and the actions of the coroner. At that time, there was fear that this was an attempt to limit the coroner's role and in particular, undermine the scope for potential investigations. We sought to address that. I think we have been able to address that in the context of this legislation. The agency being established here is an agency designed to deal with situations have manifestly inappropriate burials. That is what the goal is to create here. We want to create the legal infrastructure around that to deal with the incredibly complex situation of both excavation, recovery and detailed post recovery analysis, DNA identification and the respectful reburial of remains. It is to try and create an agency that in addition will also undertake investigative functions in terms of moving into the role of the coroner and An Garda Síochána. I do not believe that is wise. It goes against the tenor of what we were discussing earlier in that An Garda Síochána and the coroner have their set roles and remits. The role of this agency is to deal with situations of manifestly inappropriate burial, be it in Tuam or elsewhere.

That is why the extensive scope has been given there. We have made changes to ensure that, in creating this agency, nothing interferes with the role of the coroner. I do not believe it is wise to go further in terms of giving those types of investigative powers to this agency. That is not what it is designed to do.

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