Seán Canney (Galway East, Independent) | Oireachtas source

I welcome the opportunity to speak on this legislation, approved recently by the Cabinet. It came about as a result of the discovery of the mass grave in my local town, Tuam, County Galway. Last weekend, I met some members of the Tuam Mother and Baby Home Alliance and I have taken on board their concerns relating to the legislation, which, they advised, demands amendments that will be submitted by them and others. Many experts have written about the recovery and the importance of exhumation to restore the identity, the physical location and the care that were denied to victims who were buried in unknown circumstances or in mass graves.

It is envisaged in the draft legislation that a director will be appointed as head of the office following enactment. It appears the director's role is intended to replace that previously suggested as that of the agency. Many human rights experts, including among the people I have spoken to, are adamant that the role of the coroner is central and that he or she must take primary responsibility for any site under investigation where human remains are located or where the cause of death, or the medical certification of death, is not clear. In the case of Tuam, as the Minister will be aware, the death records were not medically certified. Rather, the vast majority were signed by a domestic worker from the former institution. It is proposed the advisory board that will be set up will include one survivor of the institution and one family relative of a lost child. The Tuam Mother and Baby Home Alliance suggests that is too narrow to accommodate contributions from the groups of both relatives and survivors who are involved, and has argued the board should include at least three people from each category.

It is proposed that DNA samples from certain relatives will be safely stored for matching. It has been stressed on a number of occasions that primary relatives, particularly in the case of the Tuam site, are often elderly or in ill health. As a result, every effort should be made to obtain DNA in a timely fashion to allow for the best opportunities for matching when the infants' human remains have been recovered from the site. While the category of those eligible to participate as relatives has been extended beyond mother and father and sibling and half-sibling to include grandparent and grandchild, aunt and uncle and niece and nephew, the Tuam Mother and Baby Home Alliance has stressed the requirement to extend those categories to include cousins. We spoke about this yesterday but I reiterate it now. The reason for this demand relates to the fact the Tuam site operated between 1925 and 1961, and those searching for loved ones may include cousins of the deceased. Individuals who are first cousins have contacted me and, I understand, other members of the Oireachtas committee. The committee will hear representations when the Bill moves to Committee Stage.

Another concern expressed by the Tuam Mother and Baby Home Alliance relates to the extraordinary powers afforded to the Minister of the day to opt for memorialisation instead of site excavation and recovery of human remains. In recent times, and included in the bulletin received from the Minister this week, the focus leans further towards memorialisation, with funds available and accessible. It is premature for memorialisation at this stage, certainly in the context of Tuam and also the sites to which due consideration has not yet been afforded. Survivors living in my constituency and elsewhere and connected to the Tuam home have waited a considerable time for closure. Some have waited decades. We must ensure that the wishes of surviving relatives and our commitment to and respect for the relevant human rights treaties are afforded the highest priority.

This legislation is not a once-off. It will remain on the Statute Book and will facilitate the overseeing of excavation works, including those relating to exhumation, at other sites in the future. As a result, every effort should be made to get it right. I am sure the Minister will do that.

The effect of the excavation on residents living in proximity to the site and whose properties will be excavated needs to be part of the process from the start. Open engagement is important. A full-time, dedicated liaison person should be appointed to deal with residents' concerns. There are concerns that people's properties will be excavated. This would represent an enormous intrusion on their lives. I hope that those living there will be afforded the respect and dignity they deserve.

I appreciate the work the Minister has done on this matter and what he has undertaken to do to date. It is important to say that in order to ensure that his efforts are recognised. I commend the former Minister, Dr. Zappone, on her work in this regard as well.

Before I finish, I would like to also acknowledge Ms Catherine Corless's work in unearthing this terrible issue and bringing forward the research that has brought us to where we are right now. It is important that we acknowledge all of that.

I look forward to working with the Minister right throughout the process to secure the passage of this Bill in order to ensure that we get it right for everybody involved.

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