Catherine Byrne (Dublin South Central, Fine Gael)
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The recent revelations in the Ryan report have shocked, angered and saddened all of us. Having discussed the report in detail last week, we are now struggling to come to terms with its findings and how best to move forward. It is almost impossible to comprehend the emotions of those who have been abused and whose wounds must be reopened. However, as I have been contacted by relatives of the victims over the weekend, I have been able to get a little insight into their needs at this time. I have spoken to people whose loved ones have died while in care, and who have found difficulty over the years in locating their resting place.

I spoke on Saturday to one of these relatives, whose uncle was committed to one of these institutions at the tender age of eight years, and died aged 13. Freddie was born the eldest of three children in 1921, and his mother died in 1927. He had two siblings; a brother who died last year at the age of 80 and a sister who is still alive at 85. Following a court hearing after the death of his mother, Freddie was sent to an industrial school in Killarney, where he remained until he was transferred to Artane in 1931. Freddie died in Artane in 1934. His death certificate stated that he died of influenza and heart failure after entering the infirmary. Children resident in Artane at the time said Freddie entered the infirmary following a beating and never came out.

Freddie's father had a tombstone erected on his original grave in Artane, but during development in the grounds of Artane years later the bodies of the young boys and the brothers were removed. The bodies of the brothers were interned and identified with headstones but the bodies of the boys who were buried in a mass grave - their names only recorded on a wall in the chapel - were never found. Freddie's family have done their utmost to locate Freddie's resting place so they can give a proper identification and bury him alongside his parents and brother in Mount Jerome. They are also requesting that an inquiry take place into the deaths of all children who died in the care of religious institutions, and their bodies be exhumed and returned to their families. There should be a proper burial place for children who may not be claimed. Each child should have an individual gravestone in a recognised cemetery, away from the industrial school in which they were abused, and appropriate engraving on the tombstone should be erected for each child.

I can only imagine what it must be like not to have a place of rest where family members can visit and sit and reflect on the lives of loved ones who have passed. The need to have a place of rest to visit is well documented by counsellors and psychologists as very much part of the healing process of any family bereavement. Arrangements should be made to assist family members in visiting the burial places of their loved ones.

It is time for the Government to give a commitment to the relatives that justice will be done, not only for those who have lived through this nightmare, but also for those children who have died during the darkest time in the history of our country. These children may be gone, but they are not forgotten, especially by the families, friends and relatives.

For Freddie's family and for many other families, the need is now for closure. These families have waited for a long time to have their voice heard, and at last this has happened. As Members of this House, we owe them. These should be the first steps taken to heal the many broken hearts of those who were abused and those who have died, and to give some comfort and consolation to the family members who are left.

John Moloney (Laois-Offaly, Fianna Fail)
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On behalf of the Minister for Justice, Equality and Law Reform, I thank the Deputy for raising this matter today.

Last week this House debated possibly one of the most shocking and grave reports ever published in the history of the State. In their contributions, Deputies from all sides expressed with deep sincerity and often emotive terms the terrible regret, shame, sadness and outrage evoked by the horrors committed in residential institutions, which have now been laid bare by the Ryan report. The House spoke with one voice unequivocally expressing our nation's deep shame at the horrendous abuse perpetrated by people in our society who were entrusted with the care and protection of so many vulnerable children. We humbly acknowledged both society's and the State's failure to protect our children, and with a deep-seated determination said that society must face up to what happened and ensure it can never be repeated again. That is the express will of this House and it is now incumbent on us to do everything in our power to help those who suffered so much.

In the interests of clarity and for the benefit of the House, I propose to outline the manner in which the State's exhumation process operates. The role of the Minister for Justice, Equality and Law Reform on acceding to requests to have the remains of deceased persons, including children such as in this specific case, is limited to acting under Section 47 (2) of the Coroners Act 1962, where a death may have occurred in suspicious circumstances. The relevant statutory provisions state that the Minister for Justice, Equality and Law Reform, is empowered under Section 47(2) of the Coroners Act 1962 to issue an exhumation order when requested by the Garda Síochána and the relevant coroner.

The legislation states that where a coroner is informed by a member of the Garda Síochána not below the rank of inspector that, in his opinion, the death of any person whose body has been buried in the coroner's district may have occurred in a violent or unnatural manner, the coroner may request the Minister to order the exhumation of the body by the Garda Síochána. On being requested under this section to authorise by order the exhumation of any body, the Minister may either make or refuse to make the order. Having regard to the Coroner's Act as outlined above, the Minister under law can only make a decision on whether an exhumation order is necessary and warranted based on the advice of the coroner and the Garda Síochána.

It is understandable, especially in light of the Ryan report's findings, that many families will now be anxious to establish the circumstances in which their relatives died or to have them re-interred in family plots. The Garda Commissioner has appointed an assistant commissioner to examine the Ryan report from the perspective of the commission of any criminal offence which may arise from it. This examination is underway and I urge anybody wishing to report information relating to the commission of a criminal offence arising from the report to do so by contacting the Garda Síochána without further delay.

However, if it is a case that relatives of those children and young adults who died in institutions wish to have them re-interred in family plots and an exhumation order is required for that purpose, then this is granted by the relevant local authority. The relevant legislation here is the section 46 of the Local Government (Sanitary Services) Act 1948 and it is within the remit of the Minister for the Environment, Heritage and Local Government.

The Government is working with the representatives of survivors to implement the Ryan report's recommendations relating to them. As stated by the Taoiseach last week, the Government will have before it a plan for implementing all of the report's recommendations by the end of July.