Dáil debates

Wednesday, 2 March 2022

Institutional Burials Bill 2022: Second Stage

 

3:52 pm

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein) | Oireachtas source

Gabhaim buíochas leis an gCathaoirleach Gníomhach as an seans labhairt ar an Bille seo. Attempts to deal with the legacy of the mother and baby homes that were allowed to operate here have been fraught with attempts to go over the heads of those who should have been consulted properly, and with actions that denied the memories of those who, sadly, are no longer with us. I hope that is changing. The work of the Oireachtas Joint Committee on Children, Disability, Equality, Integration and Youth, chaired by Sinn Féin's Deputy Funchion, and the recommendations it published have made a big difference. I acknowledge that the Minister listened to those views.

Shortly, I will talk about Sean Ross Abbey, which is in Roscrea, in my constituency of Tipperary, but first I ask the Minister to provide clarity on Part 2 of the Bill that concerns the director giving the go-ahead for excavation works. It states that the Government may refuse to make an order where other substantive reasons exist which cause it to form the view that memorialisation of the burials on the land, without further intervention, is more appropriate. There is a level of vagueness to this that does not set me at ease. I ask the Minister to outline what precisely the director will take into account, and whether there will be a level of discourse between the director and those seeking intervention. Pursuing a programme of restorative justice cannot leave any room for vagueness. I ask this because it is connected with the points I want to make to the Minister on Sean Ross Abbey.

First, I acknowledge and thank the Minister for the engagements that he has had with those associated with Sean Ross Abbey and Tipperary County Council for working steadily with them. As the Minister knows, much work is going on in preparations to determine the location and condition of unmarked burials at the site. I would appreciate if the Minister could tell me if he is in a position to issue a set of guidelines and resources for those who are at the stage of preparing to scan an area for this purpose. People with a close association with Sean Ross or any other institution are naturally unfamiliar with a project of this nature. It is also new territory for Tipperary County Council. It would be useful to provide a roadmap featuring the requirements that would be made of those seeking scans and the provisions that would be made available to assist them. I am not talking purely financial assistance here; I am also talking about directing those concerned towards the contractors they may need. If the Department is willing to provide any resources, I ask whether they would be made available directly or through the local authority. What I am suggesting to the Minister here is that there should be a duty of care to assist in the preparations needed to determine the extent of the need or otherwise of excavations on a particular site.

I also ask the Minister to expand on the extent to which work at other sites can take place at the same time as Tuam, or if he intends the process at Tuam to inform works at other sites. I would appreciate if he could provide interested parties with updates in relation to his engagements with the Department of Housing, Local Government and Heritage on the issue of memorialisation.

I would like the Minister to provide some more detail on intervention at other sites. The 20 m rule is a particular issue here, as are concerns that it could become overly-restrictive, particularly for sites where more information needs to be gathered.

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