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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. 16: In page 14, between lines 28 and 29, 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”.

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

Holly Cairns: I move amendment No. 17: In page 14, line 29, to delete “manifestly”.

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

Holly Cairns: I move amendment No. 18: In page 14, to delete lines 31 to 33. This amendment concerns the restriction based on proximity to a residence or the property around a residence. Is the Minister saying that intervention in one site can occur in one area because it is 21 m from a residence, but justice would be denied to people on another site because it is 19 m from a residence? Is that what...

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

Holly Cairns: That would be very much appreciated. I do not know how to explain it with respectful language, but it is profoundly insulting to people that somebody's property rights would be considered above the right to find out the fate of a disappeared relative or lost child. That it is being considered in this legislation just shows us how differently these kinds of deaths are treated by society and...

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. 19: In page 14, to delete lines 34 to 36. The amendment covers similar issues to those addressed by amendment No. 18. The amendment refers to subsections concerning what is called "general public interest", which in this Bill is a euphemism for a list of further restrictions. It restricts interventions based on several broad and ill-defined grounds including "public...

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

Holly Cairns: I move amendment No. 20: In page 15, lines 9 to 18, to delete line 9 down to and including "1922," on line 18. This amendment seeks to remove the restrictions in subsection 7(4), which are ambiguous and constraining. First, an intervention will not be permitted if any of the area concerned is a legitimate burial ground or if an excavation would disturb appropriately buried human remains....

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

Holly Cairns: I move amendment No. 22: In page 15, to delete lines 24 to 27.

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

Holly Cairns: I move amendment No. 23: In page 15, line 28, to delete “from time to time”.

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

Holly Cairns: I move amendment No. 24: In page 15, lines 29 and 30, to delete “with the consent of the Minister for Public Expenditure and Reform”.

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

Holly Cairns: I move amendment No. 27: In page 15, to delete lines 39 and 40.

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

Holly Cairns: I move amendment No. 31: In page 16, to delete lines 20 to 32 and substitute the following: “(3) In determining whether the making of an order under section 7(1), the Government shall consider whether the proposed intervention is proportionate having regard to the need to respect the views of the relatives of persons buried in the land.”.

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

Holly Cairns: I move amendment No. 33: In page 16, in line 38, to delete “and the order shall specify—”and in page 17 to delete lines 1 to 11.

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

Holly Cairns: I move amendment No. 34: In page 17, lines 17 and 18, to delete “, with the consent of the Minister for Public Expenditure and Reform,”.

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

Holly Cairns: I move amendment No. 35: In page 17, lines 18 and 19, to delete “for such period not exceeding the initial person”.

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

Holly Cairns: I move amendment No. 36: In page 17, lines 21 and 22, to delete “with the consent of the Minister for Public Expenditure and Reform”.

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

Holly Cairns: I move amendment No. 37: In page 17, to delete lines 23 to 26.

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

Holly Cairns: I move amendment No. 38: In page 18, between lines 15 and 16, to insert the following: “(ii) arrange for the forensic excavation and recovery of human remains where death may have occurred in a violent or unnatural manner, or suddenly and from unknown causes,”.

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

Holly Cairns: I move amendment No. 39: In page 18, line 17, to delete “manifestly”.

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

Holly Cairns: I move amendment No. 42: In page 22, line 4, after “chairperson” to insert “with expertise in transitional justice”. This amendment adds a requirement that the chairperson have expertise in transitional justice. A person with knowledge of transitional justice should be placed to chair the board and deal with the complexities that arise. Given the general lack...

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