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

Roderic O'Gorman: I move amendment No. 34: In page 32, line 15, to delete “and”."

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

Roderic O'Gorman: I move amendment No. 35: In page 32, line 16, after “not,” to insert “at any time,”."

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

Roderic O'Gorman: I move amendment No. 36: In page 32, lines 18 and 19, to delete all words from and including “obtained” in line 18 down to and including line 19 and substitute the following: “obtained by the person while performing his or her functions as a member of staff of FSI under this Act,”."

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

Roderic O'Gorman: I move amendment No. 37: In page 32, between lines 19 and 20, to insert the following: “(c) a person who is or was a member of the Oversight Committee shall not, at any time, unless he or she is required or permitted by law or duly authorised in writing to do so by the Oversight Committee, disclose confidential information obtained by the person while performing his or her...

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

Roderic O'Gorman: I move amendment No. 38: In page 32, line 28, to delete “paragraph (b)” and substitute “paragraph (b) or(c)”."

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

Roderic O'Gorman: I move amendment No. 39: In page 33, line 18, after “Government” to insert “, the Oversight Committee”.

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

Roderic O'Gorman: We discussed these amendments on Committee Stage. Again, I am not in a position to accept them. With regard to amendment No. 40, following pre-legislative scrutiny, I significantly revised the part of the legislation that deals with excavations, which included the addition of provisions that specify that appropriately qualified persons will undertake excavation and post-recovery analysis...

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

Roderic O'Gorman: I move amendment No. 42: In page 34, line 36, to delete “human remains, and” and substitute “human remains,”.

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

Roderic O'Gorman: I move amendment No. 43: In page 34, line 37, to delete “paragraph (b).” and substitute “paragraph (b), and”.

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

Roderic O'Gorman: I move amendment No. 44: In page 34, between lines 37 and 38, to insert the following: “(iv) whether a notification was made under subsection (2) ofsection 36to a member of An Garda Síochána and the coroner referred to in that subsection and, if so, whether the evidence related to subsection (1)(a)or (b)of that section.”.

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

Roderic O'Gorman: I am not proposing to accept this amendment because I believe what the Deputy is seeking to achieve is already covered within the provisions of the Bill. Section 8(2)(b) requires the Government to have regard to available evidence including "any reliable and corroborated statement made by a person with knowledge of the circumstances and location of the burials concerned." Amendment No. 19...

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

Roderic O'Gorman: I am confident that the public interest test will in no way interfere with the proposal to intervene in Tuam.

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

Roderic O'Gorman: Amendments Nos. 20 and 21 were put forward on Committee Stage and I cannot accept them for the reasons I outlined at that stage. The Government has to balance the need to intervene with the need to respect the long-standing tradition of the sanctity of burials. It is important to recognise that the excavation and recovery of human remains is an extensive, complex and sensitive...

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

Roderic O'Gorman: I move amendment No. 23: In page 17, line 19, to delete "initial person" and substitute "initial period".

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

Roderic O'Gorman: I do not think I will be able to assist Deputy Collins as this legislation solely deals with burials relating to institutions such as mother and baby homes and county homes. Perhaps engagement with the Minister for Housing, Local Government and Heritage and his Department would be best. I am unable to help in terms of what this legislation, which is very specific, is about.

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

Roderic O'Gorman: I am not in a position to support the amendments put forward by the Deputies for the same reasons I outlined on Committee Stage. It is important to recognise that excavation is not a desired option in every circumstance. I have met families and survivors and I am deeply aware that, for some family members, the graves of their loved ones, the site-----

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

Roderic O'Gorman: I was not specifically referring to-----

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

Roderic O'Gorman: A number of contributions were made. I have met many families and survivors and, as I said, some of them regard these sites as a grave site and do not wish to see them disturbed at this stage. They would see it as a violation of the sanctity of the remains of their loved ones. In some circumstances, and I acknowledge that on certain sites the preferences are different among survivors, but...

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

Roderic O'Gorman: I will set out the full section as it is useful for understanding the position here. This is deciding on the issue of manifestly inappropriate burials: The matters referred to in section 7(3)(a)(ii)are whether, in relation to the burials concerned, the human remains— (a) are uncoffined, (b) are buried in such a manner that they would not have complied with the requirements, at...

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

Roderic O'Gorman: I move amendment No. 7: In page 12, lines 32 and 33, to delete “A notice or other document that is required to be served on or given to a person under this Act” and substitute the following: “Subject to subsection (3), a notice or other document that is required or authorised by or under this Act to be served on or given to a person”. On Committee Stage, I...

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