Oireachtas Joint and Select Committees

Tuesday, 3 May 2022

Select Committee on Children and Youth Affairs

Institutional Burials Bill 2022: Committee Stage

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

I move amendment No. 10:

In page 14, line 6, to delete “may” and substitute “shall”.

Although this amendment is very simple, it speaks to the foundational issues of the Government's approach to this legislation. It currently states that intervention "may" be established. That is the legislative language to mean "might". It is an option if there is the political will and public pressure. My proposal is that the Bill would instead compel the Government to establish an intervention when the criteria are met. There should be no doubt or ambiguity that this is the standard of transitional justice. I propose the insertion of the word "shall".

It is unbelievable that after all we know about the abuse and neglect in institutions such as Tuam, and other potential sites, that the Bill states the Government might act, not that it should. There is no appreciation of what that type of language says to survivors and relatives. All witnesses called for robust legislation that would ensure timely interventions. Saying "may" instead of "shall" undermines everything they have said. If the Minister is being true to his stated commitment in this area then he should please accept this amendment.

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