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

I move amendment No. 8:

In page 11, lines 20 and 21, after “section 48” to insert “orsection 75(7)”.

These amendments seek to clarify in the legislation the actions that an adjudicator or the director must undertake following an appeal. Amendment No. 70 provides for circumstances where an appellant dies or becomes incapacitated before an adjudicator has made a decision on an appeal against a finding that the genetic and non-genetic data are not sufficient to suggest a familial link and there is no other relevant person in respect of that deceased person. If such a situation arises, the amendment provides that the adjudicator will inform the appellant’s nominee of the decision and the reasons for it.

Similarly, amendment No. 71 sets out the actions that a director must undertake to give effect to a decision of an adjudicator to overturn a determination that a person is not eligible to participate in an identification programme. The amendment provides that where this does occur, the director must notify the appellant that he or she can participate in the programme. The Bill currently contains no provision for how a director should give effect to an adjudicator's decision in this regard and the amendment sets out and clarifies that process.

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