James Reilly (Dublin North, Fine Gael) | Oireachtas source

The Commissions of Investigation Act 2004 provides an effective, prompt and transparent mechanism to investigate complex and sensitive matters, while also respecting fair procedures and natural justice. The Act gives the commission robust powers to conduct investigations within its terms of reference in the manner it considers appropriate, while adhering to the rules and procedures contained within the legislation.

While the terms of reference attached to the Commission of Investigation (Mother and Baby Homes and certain related Matters) Order 2015 provide for a comprehensive investigative framework, the commission is independent in the performance of its investigations and deciding how best to approach its work. The reports on mass graves in Tuam rightly gave rise to significant public concern. The commission's terms of reference provide for an examination of mortality among mothers and children residing in mother and baby homes and certain other institutions in the period from 1922 to 1998. The terms of reference also require the commission to investigate post mortem practices and procedures in respect of the mothers and children who died while resident in these institutions, including the reporting of deaths and burial arrangements. Although the legislation does not confer specific powers to order exhumations, it is ultimately a matter for the commission to consider whether it requires exhumations or excavations of graves. It would be required to comply with the regulations and procedures in place for the conduct of exhumations.

It would be wrong to dictated to the commission how it should carry out its work. If it considers it necessary to take a certain course of action, it has the power to do so. I have met various groups, some of which want remains to be respected by leaving them undisturbed, while others want exhumations to take place. I have to leave it to the wisdom of the commission.

See this speech in context