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

As Deputy Cairns is aware, in the original heads of the Bill that were discussed during the pre-legislative scrutiny, PLS, process, there was a provision that stated if there is a private residence on the land on which a proposed intervention is to take place, the intervention could not take place. We discussed the impact digging up and excavating the site would have on the owner of the private residence. Following on from the PLS process, that provision was removed, and it was stated that if a private residence is on the land on which an intervention is to take place, the intervention can take place up to 20 m from the curtilage of the residence. At some point there is a balance between how close we get in terms of these very significant interventions to the private residence of an individual who has been in no way responsible for what has happened on the site or for the deaths and manifestly inappropriate burials that have taken place. I recognise that 20 m is still a considerable distance from the private residence, so we will take the amendment away and discuss it with the drafter again and look at bringing a piece forward that can seek to reconcile the strong desire to ensure that where a site has been identified there are not overly onerous restrictions on the parts of the site that can be excavated, but also recognising that the interventions are significant on someone's residence. We will bring an amendment forward on Report Stage.