Holly Cairns (Cork South West, Social Democrats) | Oireachtas source

I move amendment No. 7:

In page 10, line 37, to delete “manifestly”.

These amendments are designed to remove “manifestly” as a restriction for interventions. We see it throughout, for example, in the term “manifestly inappropriate burials”. The criterion of “manifestly inappropriate” disregards sites that are potentially or suspected to be inappropriate. Again, this goes back to the issue of human rights standards. The State is obliged to act in all cases of suspected unnatural deaths and associated burials, not in the few known cases where there are mass graves. Again, I refer to the international definition of “mass grave” as sites where the circumstances surrounding the death and-or body disposal method warrant an investigation as to their lawfulness. Currently, the Bill does not include suspicious or unlawful deaths as a major reason for interventions but instead focuses on inappropriate burials. Not only that, it further restricts interventions based on extensive criteria for "manifestly inappropriate burials".

These are limitations on top of limitations. I keep coming back to the conclusion that this Bill is designed only for intervention at Tuam. Tuam must be investigated, of that there is no doubt, and the Government and the Department know this, but only a tiny percentage of the hundreds of other potential sites across the country meet the Bill’s standard for intervention. These restrictions need to be removed. Justice for the deceased, for survivors and for relatives, as well as the moral principles of human rights law and transitional justice, require the fullest possible remit for examination of sites.