Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I move amendment No. 1:

In page 7, line 10, after “manner;” to insert “to provide for post-recovery analysis of recovered human remains;”.

I will speak to amendments Nos. 1, 22, 24, 25 and 42 to 44, inclusive, together.

Amendments Nos. 2, 24, and 25 are identical to those tabled by Deputies Funchion and Ward on Committee Stage. I agreed to consider changes to the Long Title to explore the relevant part of the director's functions and to consider whether the description of the post-recovery analysis report could make an explicit reference to the matter of evidence of a violent or unnatural death being shared with An Garda Síochána and the coroner. I have tabled amendment No. 1 in response to the issues the Deputies raised. Amendment No. 1 incorporates an explicit reference to post-recovery analysis in the Long Title, highlighting the significance of that part of the intervention. While the reference does not explicitly refer to the cause and circumstances of a death, this is because the matter is explicitly encompassed within the definition of post-recovery analysis. The definition in the body of the legislation places a clear obligation on the director to identify the causes and circumstances of death where possible as part of the post-recovery analysis.

Amendments Nos. 42, 43 and 44 provide that the director's post-recovery analysis report must document whether notifications of evidence of violent or unnatural death, or deaths of persons who were not resident at the institution concerned, have been made to An Garda Síochána and the coroner. I also considered whether it would be possible to amend the director's functions to include an explicit reference to identifying the circumstances and cause of death. However, the Office of Parliamentary Counsel advises that this is not possible from a drafting perspective as the term "post-recovery analysis" and the specific function to which this reference would need to be added is a defined term and part of the meaning should not be incorporated after using the term itself. I can clarify that the definition of post-recovery analysis in section 35(2) makes it clear that the post-recovery analysis includes establishing the circumstances and cause of death if possible. In other words, this is already covered in the director's functions, which were amended in response to the pre-legislative scrutiny process. I hope this goes a significant way to dealing with the issues Deputies Funchion and Ward raised on Committee Stage.

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