Dáil debates

Wednesday, 2 March 2022

Institutional Burials Bill 2022: Second Stage

 

2:12 pm

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein) | Oireachtas source

I thank the Minister for his contribution. We welcome this legislation. I wish to acknowledge all of the babies and children about whom we are speaking. Sometimes, there are no words to describe a tragic situation. As the Minister stated, we owe Catherine Corless a great debt of gratitude. She was actually in the Chamber for the pre-legislative scrutiny discussions. It was during Covid and, thankfully, we were able to open the Chamber up to a number of people. It was fitting that she had the opportunity to address our committee. I pay tribute to her and all of the advocacy groups.

There was an expectation during the general election. People had been invited to the pre-legislative scrutiny stage during that Dáil term and they had hoped that this legislation would be passed. As such, I am conscious of how much time has passed and how anxious everyone is to see this situation resolved.

I wish to acknowledge the considerable work that was done by the committee during our pre-legislative scrutiny.

Deputies Ward and Cairns who are here are also members of the committee along with others. This was the committee's first pre-legislative scrutiny. It took a long time. I sometimes wondered if we would ever get it all together, but we did. It is refreshing that some of the committee's recommendations have been taken on board. I hope I do not regret saying this but it is the first time I have engaged in a process where one can see the work being reflected back. This shows that when that process is done correctly and respected in the way it should be it can result in good and strong legislation. In all legislation, we should be listening to those who are affected by it or those who work in the area. Consultation is always key.

I acknowledge the role of the coroner and that jurisdiction is going to be maintained. That is really important. That came up time and again. It was a key concern for people. They were worried around potentially disallowing the powers of the coroner. We all know that that was really important so I welcome that. I would welcome some more information in regard to the 20 m rule. The Minister might provide more detail on that in his closing remarks. It is one of the issues about which since publication of the Bill we have been contacted by people. They are concerned that this might mean that there cannot be an excavation in certain areas. If may not mean that, but I would welcome more information on it. Given how near the Tuam site is many residential areas, will there be any negative affect arising in that regard? I would welcome more clarity and information on that.

Another concern brought to our attention was the criteria for an intervention. Some people are concerned that the criteria are still a little too rigid or strict. As with all aspects to do with mother and baby institutions and as has been acknowledged by the Minister in the past, there is a fear and a distrust among people. They are always thinking worst case scenario. I do not blame them for thinking that way because that has been their treatment at the hands of the State for decades. I would welcome some clarity in regard to the criteria and the 20 m rule.

I noted in the Minister's speech a reference to the family members and the hierarchy, which also arose in the pre-legislative scrutiny of the Bill. The Minister mentioned that there will be an appeals mechanism. I would welcome more information on how the Minister sees that playing out. On the chair of the board being a former coroner or having coronial experience, that is vital. It is really important that we have people who know all of the ins and outs and various pieces of this, that there is stakeholder engagement and that involved in that would be survivors and other people who are relevant to that process and the consultation with the family members.

I welcome the Bill and I am glad to note that many of the committee's recommendations from the PLS have been taken on board. I ask the Minister to address my concerns in regard to the criteria, the 20 m rule and, in particular, the criteria piece for other potential sites. People are afraid that if they come forward with real information on a particular site they will be told they do not fit the criteria. They are some of the fears. It is important to relay them to the Minister.

We welcome the Bill and we look forward to Committee Stage.

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