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

Holly Cairns: I move amendment No. 6: In page 10, between lines 36 and 37, to insert the following: “(ii) of persons whose death may have occurred in a violent or unnatural manner, or suddenly and from unknown causes, or”. These amendments respond to one of the most worrying aspect of the Bill as drafted. As the Minister mentioned on the previous amendment, the Bill is designed to...

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

Holly Cairns: The Minister is saying that it will alter the scope of the Bill. I tabled these amendments because the scope of the Bill is to blatantly only intervene at Tuam. The entire nation thinks that there should be intervention where there are suspicious or unlawful deaths. Therefore, absolutely, we are trying to change the scope of the Bill because it is very narrowly framed. The Minister says...

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

Holly Cairns: Pressed.

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

Holly Cairns: I move amendment No. 7: In page 10, line 37, to delete “manifestly”. These amendments are designed to remove “manifestly” as a restriction for interventions. We see it throughout, for example, in the term “manifestly inappropriate burials”. The criterion of “manifestly inappropriate” disregards sites that are potentially or...

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

Holly Cairns: The Chair said that unless this set of amendments is pressed to a vote, I cannot move amendment No. 77. Is that correct?

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

Holly Cairns: No.

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

Holly Cairns: I move amendment No. 10: In page 14, line 6, to delete “may” and substitute “shall”. Although this amendment is very simple, it speaks to the foundational issues of the Government's approach to this legislation. It currently states that intervention "may" be established. That is the legislative language to mean "might". It is an option if there is the...

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

Holly Cairns: When speaking about it, the Minister used words such as "ensure", but when it comes to the Bill he will put in "may" and not "shall". It is not reasonable to say that we cannot use that kind of language in the Bill. We often see that kind of language in a Bill regarding anything to do with the Cabinet. It is not unusual to have "shall" rather than "may" in legislation.

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

Holly Cairns: I will say a final word on this. We know that a coroner is obliged to act when somebody dies in State care or custody or when remains are found in their district. The Garda is obliged to act when there is a missing person. Nobody has ever acted on these sites. The fact that there now has to be discretion and that the Government might act just adds to how people will feel about the long...

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

Holly Cairns: It might act in some situations where there is manifestly inappropriate burial and someone was ordinarily a resident, but there are so many restrictions. It is a case of limitations on top of limitations, and nobody is obliged to act on anything.

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

Holly Cairns: It is being pressed.

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

Holly Cairns: I move amendment No. 11: In page 14, line 6, to delete “, from time to time,”. These amendments relate to the Government's approach to establish a separate director and office to intervene in each site rather than establishing a standing body which has the capacity to examine any known or potential site. This is a key barrier to justice for the deceased. A separate office...

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

Holly Cairns: It is like saying we should establish a different coroner's agency for every crime it will investigate or that we should set up a new branch of the Garda every time a crime is committed. Why would we not set up a stand-alone body to deal with every case instead of setting up a new agency each time? It does not make any sense. We would not do it for any other body that is investigating...

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

Holly Cairns: I think the Minister made a really good point about the Government continually setting up tribunals, which is an enormous waste of taxpayers' money. It costs an extortionate amount of money and rarely results in any kind of justice or accountability. Ultimately if we have something like a stand-alone body for corruption, that would probably be more effective. The Minister made a really...

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

Holly Cairns: It does not make a difference.

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

Holly Cairns: Grand.

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

Holly Cairns: I move amendment No. 12: In page 14, lines 7 and 8, to delete “with the consent of the Minister for Public Expenditure and Reform”. The specific inclusion in multiple sections that an intervention is only possible with consent of the Minister for Public Expenditure and Reform is a clear and disgraceful indication of the priorities with this legislation. It shows that...

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

Holly Cairns: I move amendment No. 13: In page 14, to delete lines 17 and 18. This amendment seeks to address the restriction of limiting an intervention to a specific area rather than empowering the director to intervene in any location as the evidence presents itself. Currently when establishing the office, the director will be given a particular location to work within, with the provision that the...

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

Holly Cairns: I move amendment No. 14: In page 14, line 28, to delete “ordinarily”.

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

Holly Cairns: I move amendment No. 15: In page 14, line 28, to delete “and” and substitute “or”.

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