Results 7,201-7,220 of 11,754 for speaker:Roderic O'Gorman

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: Central to what this legislation is trying to address is the issue of manifestly inappropriate burials, and they have to be centrally linked to an individual's ordinary residence, which is residence for one day within that particular institution. To do as the Deputy is proposing would mean that somebody would only have to be ordinarily resident in the institution. That removes the central...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: If there is a burial that is inappropriate in another site, this legislation can apply. The legislation is not site-specific. It can apply to any situation where a manifestly inappropriate burial is located. However, we also must recognise that the scale of what we are doing here, the scale of the exhumation and recovery of human remains, is a very significant intervention. In the context...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: Yes, and ordinarily resident. With regard to ordinarily resident, in the situation the Deputy described where a child was born and it was a stillbirth in the hospital, that child would fit within the criteria of the legislation. There would not be any concern that a child in that situation would be excluded from the ambit of the legislation.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: My understanding is that a child of a mother who was institutionalised in that institution and was stillborn there would fall within the criteria of this legislation.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: The purpose of this legislation is to provide for the excavation, recovery, analysis, identification and dignified reburial of human remains buried in manifestly inappropriate manner. This is the legislative gap that the Bill seeks to fill in order that these interventions can take place at Tuam and at any other site or similar circumstances come to light. For that reason, I am not in a...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: During the course of the pre-legislative scrutiny debate, we went back and forth on this in terms of where jurisdictions begin and end. At that time we were concerned to draw clear distinction between the actions of this agency and the actions of the coroner. At that time, there was fear that this was an attempt to limit the coroner's role and in particular, undermine the scope for...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: I reiterate that this Bill is not site-specific to Tuam. We all recognise the need to excavate the site in Tuam and that process will begin as soon as this legislation is passed. A specific decision was taken that this legislation is not site-specific. The issue that is being addressed here brings us back to that question of at what point the Government and the State make the very...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: I move amendment No. 8: In page 11, lines 20 and 21, after “section 48” to insert “orsection 75(7)”. These amendments seek to clarify in the legislation the actions that an adjudicator or the director must undertake following an appeal. Amendment No. 70 provides for circumstances where an appellant dies or becomes incapacitated before an adjudicator has made a...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: I move amendment No. 9: In page 11, line 22, to delete “that section” and substitute “section 48”.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: I want to flag that I will be bringing an amendment to section 4 on Report Stage to provide for the service of notices and other documents on owners and occupiers of land or premises where the name of the owner or occupier of the land or premises cannot be ascertained.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: We are bringing forward robust legislation. We have gone through a detailed process. We have strengthened the Bill, listened and made changes along the way to try to strengthen it. Later in this session we will indicate further changes to ensure that this legislation is as robust as possible and that it can create a process to bring some relief and succour to relatives, such as those in...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: While some legislative provisions do have "shall", I am not aware of any where "shall" is used to direct the Cabinet to do something. In terms of this specific recommendation, section 7(1) currently states: "Subject to subsection (2), the Government may, from time to time, having considered a proposal made by a relevant Minister" and Deputy Cairns is saying it should be "shall" rather than...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: This Government has acted, including to bring forward this piece of legislation. It has engaged-----

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: If I could conclude my point, this Government has acted by bringing forward this legislation and making a very clear commitment that it will undertake investigation in Tuam. In this year's budget, it has brought forward a very significant allocation to my Department so we can begin that work. That money is available now. I am not looking to get it in budget 2023. It is available to begin...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: As Deputy Cairns said, these amendments aim to transform what the legislation is seeking to do by setting up an agency for a finite duration to examine a site where manifestly inappropriate burials took place. It is for that reason I cannot accept this set of amendments. The Deputy is right that no one is questioning the need to intervene in Tuam. We know that manifestly inappropriate...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: Irish legislation makes provision for situations where a similar investigative approach may be needed but where we do not know if it will be needed. For example, tribunals of inquiry legislation enables us to set up tribunals when a specific issue needs to be addressed but it does not create a standing tribunal that is there in case a particular issue needs the process of a tribunal....

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: In this year's budgetary allocation, my Department has already been given €4 million to begin the work on the creation and resourcing of the agency to commence the work in Tuam. Once this legislation is passed, we can rapidly move to establishing the agency. I know that family members and those in Tuam particularly welcome that. Every Minister who wants to do anything under any...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: We are giving very significant powers to the director and the agency. It is appropriate and necessary that where they may use those powers is delineated by a map to be brought forward in the initial proposal. That map can be changed. As the Deputy indicated, if attention is brought to a site extending further, the director may inform the Minister and the map may be changed by a subsequent...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: As Deputy Cairns is aware, in the original heads of the Bill that were discussed during the pre-legislative scrutiny, PLS, process, there was a provision that stated if there is a private residence on the land on which a proposed intervention is to take place, the intervention could not take place. We discussed the impact digging up and excavating the site would have on the owner of the...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Roderic O'Gorman: In making a decision to intervene in any site, the Government must balance the need to undertake the intervention, recognising the manifest inappropriateness of a particular set of burials, with the need to respect the long-standing tradition of the sanctity of burials, which is something we have discussed previously. As we know, the excavation and recovery of human remains is a very...