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Institutional Burials Bill 2022: Report and Final Stages (15 Jun 2022)

Roderic O'Gorman: I move amendment No. 68: In page 65, between lines 32 and 33, to insert the following: “(3) A Director shall— (a) where relevant works are to be carried out on principal burial land or ancillary burial land that is owned or occupied by a public body, by notice in writing inform the public body of his or her intention to carry out relevant works on the land, (b) where...

Seanad: Institutional Burials Bill 2022: Committee Stage (28 Jun 2022)

Roderic O'Gorman: There has been a good deal of debate on this particular provision and it has changed. What we are dealing with in this provision is where there is a burial on private residential land. We are thinking of a situation where perhaps an institution sold off land to an estate and now there is potential intervention on that land. Under the original heads of the Bill I brought forward, the Bill...

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

Roderic O'Gorman: I move amendment No. 53: In page 37, line 2, to delete "A Director may resume relevant works on the land concerned" and substitute "A Director may resume relevant works on principal burial land or ancillary burial land, or both, as the case may be, after a suspension of such works under section 36 or 37". This is a technical amendment that aims to ensure the section is interpreted as intended.

Institutional Burials Bill 2022: Report and Final Stages (15 Jun 2022)

Roderic O'Gorman: ...served on or given to a person”. On Committee Stage, I signalled my intention to bring forward an amendment to section 4 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. Amendments Nos. 7 and 8 provide that where owners and-or occupiers of...

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

Roderic O'Gorman: I move amendment No. 57: In page 44, line 34, to delete “on the land” and substitute “in the land”. This is a minor amendment to correct a grammatical error.

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.

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Mother and Baby Homes Inquiries (6 Jul 2021)

Roderic O'Gorman: ...understands that there are about 60 acres of ground around the building now.' It is my understanding that the Congregation of the Sacred Hearts of Jesus and Mary retains part of the site; some land has been transferred to the HSE; and other land is owned by private parties who intend to develop the site for housing, subject to the appropriate permissions. The Commission concluded...

Written Answers — Department of Employment Affairs and Social Protection: Mother and Baby Homes Inquiries (7 Oct 2021)

Roderic O'Gorman: ...evidence to support a finding of the likely location of burials. It is my understanding that, currently, the Congregation of the Sacred Hearts of Jesus and Mary retains part of the site; some land has been transferred to the HSE; and other land is owned by private parties who intend to develop the site for housing, subject to the appropriate permissions. As the Deputy will be aware, I...

Institutional Burials Bill 2022: Report and Final Stages (15 Jun 2022)

Roderic O'Gorman: ...after the date on which the following first occurs— (i) that part of the Identification Programme set out in paragraphs (a)to (c)of section 46(2)is completed in respect of principal burial land and ancillary burial land, or (ii) the Director makes a decision, under section 47(1), that the part of the Identification Programme referred to in subparagraphs (ii)and (iii)of section...

Institutional Burials Bill 2022: Report and Final Stages (15 Jun 2022)

Roderic O'Gorman: ...and sets out a number of factors the Government will take into account when determining if an intervention is proportionate. These include the need to accord dignity to persons buried in the land; the need to respect the views of relatives of persons buried in the land; public health; the impact of the intervention; and alternative options, if any, which may be available. It is...

Institutional Burials Bill 2022: Report and Final Stages (15 Jun 2022)

Roderic O'Gorman: ...after the date on which the following first occurs— (i) that part of the Identification Programme set out inparagraphs (a)to (c) of section 46(2)is completed in respect of principal burial land and ancillary burial land, or (ii) the Director makes a decision, under section 47(1), that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section...

Joint Oireachtas Committee on Children and Youth Affairs: Pre-legislative Scrutiny of the General Scheme of the Certain Institutional Burials (Authorised Interventions) Bill (Resumed) (18 May 2021)

Roderic O'Gorman: ...jurisdiction. I got the sense the Deputy is looking for the construction of a new jurisdiction but I am not sure whether this is the correct way to go. We are speaking about the laws of the land. The laws of the land exist as does coronial jurisdiction. What I did say earlier was that if clarifications are necessary to ensure this agency is fully working with all State bodies,...

Institutional Burials Bill 2022: Report and Final Stages (15 Jun 2022)

Roderic O'Gorman: ...section 79(1)" and substitute "section 78(3), 79(1)". I signalled my intention on Committee Stage to bring forward amendments on Report Stage relating to compensation in the context of assessing land. Due to reconfigurations and amendments to Part 5 of the Bill, there is currently no provision for a statement of compensation or notification of when works will commence to issue to...

Seanad: Institutional Burials Bill 2022: Second Stage (23 Jun 2022)

Roderic O'Gorman: ...Short Title, commencement and interpretation provisions. Section 2 provides definitions of key terms used in the Bill. A central term is "forensic excavation and recovery." This means the excavation of the land, and the recovery and treatment of human remains, in a manner sufficient to satisfy legal requirements regarding the use and storage of evidence in connection with the...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Departmental Correspondence (1 Mar 2022)

Roderic O'Gorman: ... on a 1950s Ordnance survey map as a burial ground and which campaigners consider to be the most likely location of burials. I  requested that due consideration be given to the sensitivity of these lands and the conclusions of the report by the Commission. I am very conscious that An Bord Pleanála is Ireland’s national independent planning body and that...

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

Roderic O'Gorman: ...section 89 on Report Stage to remove the provision exempting the director from carrying out remedial works on a site where the owner-occupier planned to carry out the works themselves or where the land is subject to development.

Institutional Burials Bill 2022: Report and Final Stages (15 Jun 2022)

Roderic O'Gorman: ...page 75, line 29, to delete “the relevant planning authority” and substitute the following: “the planning authority (within the meaning of the Act of 2000) in whose administrative area the land in question is situate”.

Joint Oireachtas Committee on Children and Youth Affairs: Pre-legislative Scrutiny of the General Scheme of the Certain Institutional Burials (Authorised Interventions) Bill (Resumed) (18 May 2021)

Roderic O'Gorman: I understand that this issue was referenced in both the oral and written submissions during pre-legislative scrutiny of the Bill. That provision is in place to recognise a situation where the land has transferred ownership subsequent to the burials. I am happy to continue to examine those criteria in the course of my own determinations.

Written Answers — Department of Children, Equality, Disability, Integration and Youth: International Protection (21 May 2024)

Roderic O'Gorman: ...to End Direct Provision and establish a new International Protection Service was published. The paper set out a new approach for accommodating applicants that seek International Protection in Ireland and contains three core themes – accommodation, integration and supports. There is a legal obligation on the state to meet the requirements under the EU Recast Reception Conditions...

Seanad: Institutional Burials Bill 2022: Committee Stage (28 Jun 2022)

Roderic O'Gorman: ..., sets out a number of factors that the Government will take into account when determining if an intervention is proportionate, including the need to accord dignity to persons buried on the land and the need to respect the views of relatives of persons buried on the land, public health and alternative options, if any, that may be available. Safeguarding public interest in not unique to...

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