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

We discussed these amendments on Committee Stage. Again, I am not in a position to accept them.

With regard to amendment No. 40, following pre-legislative scrutiny, I significantly revised the part of the legislation that deals with excavations, which included the addition of provisions that specify that appropriately qualified persons will undertake excavation and post-recovery analysis in line with international standards and in accordance with professional rules and guidelines. It is clear that the work needs input from a range of disciplines. Only a multidisciplinary approach can meet international standards and can deliver specifically on the Government’s commitments in respect of the Tuam site.

Regarding amendment No. 41, it is not clear why excavation and post-recovery analysis under this legislation needs to be implemented in accordance with the Coroners Act, given that the Act does not regulate excavation. The Bill does provide that if evidence of violent and unnatural death emerges, the coroner will be notified.

I again highlight the definition at the beginning of the Bill, which specifies that forensic excavation and recovery means excavation and recovery in the manner sufficient to satisfy legal requirements regarding the use and storage of evidence in connection with the identification of remains, including in criminal proceedings. It is clear, therefore, that the legislation explicitly commits to applying forensic standards to ensure that any evidence gathered through the process can be used in proceedings, including criminal ones. This places a clear obligation on the director to apply forensic standards when arranging for excavations and recovery of remains under section 35.

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