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

I move amendment No. 14:

In page 15, to delete lines 24 to 27 and substitute the following: “(5) The Government shall make every effort where a site proves problematic to resolve difficulties and thoroughly examine burials on the land, before it is determined that memorialisation of the burials on the land, is more appropriate.”.

The reason for the amendment is that memorialisation in the absence of excavation, exhumation and identification of remains to a certain extent can contradict the idea of transitional justice. It is impossible to memorialise something if we do not know or agree on what we are acknowledging. The report of the expert technical group states that in order to memorialise, it is essential to know what and whom are being acknowledged. Further investigation on behalf of the Government would be required in order to memorialise effectively in the absence of specifying what the substantive reasons are for not engaging or for intervention. It is impossible for this provision to be proportionate engagement with the rights and preferences of victims and survivors, including former residents of institutions and their families. I note Ireland's international obligations under relevant EU and UN conventions.

In regard to memorialisation, measures in lieu of a proper investigation as suggested would appear to allow any Government to basically go with memorialisation over an actual investigation. As I am saying this, I know it is not going to be the case in every situation but it is just to avoid that. The amendment states that “the Government shall make every effort where a site proves problematic to resolve difficulties and thoroughly examine burials on the land”. It is just to make sure that absolutely everything is being covered. That is the reasoning behind amendment No. 14.

Amendments Nos. 15 and 16 are linked and have the same rationale. There is no reason to restrict the functions of the director. It seems unnecessary and could foreseeably impact effective investigation and potential digs at sites. The director should report to the Government the issue of such sites but any decision not to proceed with the excavation of the suspiciously buried remains should lie at least with the coroner, families of the unidentified individuals and the advisory group, where the views of the wider survivor community would also be taken into account. That is the rationale for amendments Nos. 15 and 16.

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