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

Irish legislation makes provision for situations where a similar investigative approach may be needed but where we do not know if it will be needed. For example, tribunals of inquiry legislation enables us to set up tribunals when a specific issue needs to be addressed but it does not create a standing tribunal that is there in case a particular issue needs the process of a tribunal. Similarly, commissions of investigation legislation again allows for a commission to be set up when one is required. That is what we are doing here. We know the site at Tuam requires the establishment of an agency but we do not know if there will be other sites where there have been manifestly inappropriate burials. We have made provision. I understand that the initial legislative proposal from the previous Government was that this would be a once-off, Tuam-only agency. That is not the approach that is being adopted. The approach that is being adopted is to allow for other interventions using the agency and director model set up under this legislation.

If a manifestly inappropriate burial area is found in the future, this legislation provides a mechanism to intervene there. I believe that is the right way to go. It allows us to ensure there will be an intervention in Tuam. It ensures there is a legislative provision that allows us to move swiftly in future if any similar manifestly inappropriate burial area is discovered.

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