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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...

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

Holly Cairns: Sorry, I thought they were being discussed together.

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

Holly Cairns: I welcome the removal of the restriction on the coroner and I acknowledge the work of the Minister in that regard. I understand what he means on the need for the chair to have coronial expertise. I wonder if we could consider another criterion so another member of the board could have expertise in transitional justice instead of the chair. I recognise why the local authority element is...

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

Holly Cairns: Yes.

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

Holly Cairns: Of course, everyone in a local authority now would have had nothing to do with these actions. Ultimately, however, it was not that long ago and it is quite likely that staff could still be in place who were there when these institutions were still open. The last one closed in the early 1990s. It is very likely there still could be an overlap of staff and it is something we must consider. ...

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