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

I move amendment No. 20:

In page 15, lines 9 to 18, to delete line 9 down to and including "1922," on line 18.

This amendment seeks to remove the restrictions in subsection 7(4), which are ambiguous and constraining. First, an intervention will not be permitted if any of the area concerned is a legitimate burial ground or if an excavation would disturb appropriately buried human remains. We had extensive discussions in this committee on the sensitivities around excavations and the potential impact on proper burials. These are nuanced issues that should be overseen by experts who can respectfully understand and respond to each case as it arises. Instead, the Minister is proposing a blanket ban that ignores those nuances. Second, the Bill prevents the removal of human remains where it is unreasonably difficult to do so. What does that mean and who will decide whether it is the case? Third, the subsection also disallows interventions if the last known burial at the site was before 1922. Even if there is a suspected burial at such a site, it may be disregarded.

These are very sensitive and complex issues that we, rightly, spent considerable time poring over. They are better dealt with by experts in context rather than through broad legislative restrictions.