Oireachtas Joint and Select Committees

Tuesday, 18 May 2021

Joint Oireachtas Committee on Children and Youth Affairs

Pre-legislative Scrutiny of the General Scheme of the Certain Institutional Burials (Authorised Interventions) Bill (Resumed)

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
Link to this: Individually | In context | Oireachtas source

I am a bit confused about where we are starting off with this Bill. It is glaringly obvious that coroners' inquests are required at all sites. I will give three brief reasons for that. First, it is the law. The Minister just referred to the Coroners Act, which goes so far as to specify that if someone dies in State care or custody, the coroner is obliged to act. Second, there is a lack of information on the causes of death. The abnormally high death rate in mother and baby institutions clearly demonstrates a high likelihood of negligence. There is also a lack of information on location of burials. All of these highlight the absolute necessity of the coroner being integrally involved. Third, all the experts who came before the committee outlined the need for the coroner to be involved. Yet, this Bill suspends coronial jurisdiction and disapplies the coroner. The Minister said that the Bill will not interfere with the coroner acting but is the plan for the new agency to exhume, identify and re-inter remains and then for the coroner to go and do the same again? What is the purpose of disapplying the coroner from this Bill? I have yet to understand what that purpose is.

In his statement the Minister said that it is vital to intervene at Tuam but that other known sites will be left to the discretion of the Government. That is a complete abdication of responsibility. In essence, the Minister is saying that we have to do something at Tuam but we will decide on the rest depending on public pressure. There are already laws in place relating to the Coroners Act. Why are these decisions being left to the discretion of the Minister at the time?

Basically, the Minister is saying it is vital to intervene at Tuam and it is not vital at every other site and he is legislating to remove laws which will ensure that this will happen. One would have to forgive people for wondering if it is by design that it is another attempt to do the bare minimum, wait and see what the pressure is, and only deal with Tuam. Why not bring the coroner's powers into this agency? That is the key question. Why do it separately and say that this will not disapply the coroner when it states in the Bill that it suspends coronial jurisdiction? I do not understand.