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

Roderic O'Gorman: I move amendment No. 8: In page 13, between lines 13 and 14, to insert the following: “(3) Where a notice or other document is required or authorised by or under this Act to be served on or given to the owner or occupier of land and the name of the owner or of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the...

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

Roderic O'Gorman: I move amendment No. 10: In page 14, line 28, to delete “ordinarily”.

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

Roderic O'Gorman: I move amendment No. 13: In page 14, line 32, to delete “20 meters” and substitute “10 metres”. I recognise that the issue that is being addressed here in terms of how close to a residential house on land an excavation can take place was an issue we debated significantly in the original pre-legislative scrutiny, given a residential house was entirely excluded...

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

Roderic O'Gorman: Amendments similar to amendments Nos. 6, 11 and 45 were discussed on Committee Stage. For the reasons I outlined then, I am not in a position to accept those under discussion. The purpose of this legislation is to provide for the excavation, recovery, analysis, identification and dignified reinterment of human remains buried in a manifestly inappropriate manner. This is the legislative gap...

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

Roderic O'Gorman: This Bill has been introduced to address the legal circumstances we are facing, whereby at one identified site, Tuam, we are unable under the current legislation to intervene. This Bill gives us the opportunity to do so. It places a mandate on us to intervene and to do so to an incredibly high standard in light of the international forensic standards that apply in the context of excavation,...

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

Roderic O'Gorman: I move amendment No. 4: In page 10, between lines 26 and 27, to insert the following: “ “Oversight Committee” means the DNA Database System Oversight Committee;”. On Committee Stage I signalled my intention to bring forward new provisions on Report Stage to provide a legislative basis for an oversight committee to perform an assurance role in respect of...

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

Roderic O'Gorman: I move amendment No. 5: In page 10, line 36, to delete “ordinarily”. This set of amendments is being brought in in response to amendments proposed by Deputy Cairns on Committee Stage that sought to delete the word "ordinarily" from the phrase "ordinarily resident at the institution" in the context of defining principal burial land. I understood the Deputy proposed the...

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

Roderic O'Gorman: I move amendment No. 3: In page 9, line 14, to delete “niece or nephew” and substitute “niece or nephew (whether of the whole blood or the half-blood), grandniece or grandnephew”. Deputies will be aware that I significantly expanded the list of family members who can participate in a DNA identification programme from the list set out in the original general...

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

Roderic O'Gorman: Yes.

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

Roderic O'Gorman: It used to go as far as niece and nephew and stop there. Now it also includes nieces and nephews and clarifies that it applies whether they are of half-blood or full-blood, because the percentages are the same. It also includes grandnieces and grandnephews, a category which was not included before. I take on board what Deputy Canney is saying. There are people who are at the relationship...

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

Roderic O'Gorman: I move amendment No. 1: In page 7, line 10, after “manner;” to insert “to provide for post-recovery analysis of recovered human remains;”. I will speak to amendments Nos. 1, 22, 24, 25 and 42 to 44, inclusive, together. Amendments Nos. 2, 24, and 25 are identical to those tabled by Deputies Funchion and Ward on Committee Stage. I agreed to consider changes...

Institutional Burials Bill 2022: Instruction to Committee (15 Jun 2022)

Roderic O'Gorman: I move: That, pursuant to Standing Order 187, it be an instruction to the Committee to which the Institutional Burials Bill 2022, may be recommitted in respect of certain amendments, that it has power to make amendments to the Bill which are outside the scope of the existing provisions of the Bill, in order to provide for an Oversight Committee to perform an assurance role in respect of...

Seanad: Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (15 Jun 2022)

Roderic O'Gorman: Part 4 of the Bill is very important for providing answers to family members of children who died in institutions. It provides for access to records for the family of those children who died in a mother and baby home or county home institution. The necessity for these provisions featured in the pre-legislative scrutiny recommendations. They were not in the original draft Schedule to the...

Seanad: Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (15 Jun 2022)

Roderic O'Gorman: The concern is with respect to the release of information about a child who has died. With respect to the parent of that child, there is personal information and shared identify information in terms of the release of the information about the child. That is why the parent is first in the hierarchy in the release of that information. If the parent is deceased, it is open to a sibling to...

Seanad: Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (15 Jun 2022)

Roderic O'Gorman: Part 5 provides for Tusla and the authority to deliver a tracing services. Tracing will be carried out to locate individuals for the purposes of contact or the sharing of information. The tracing service is available to persons over the age of 18 years. An application for a tracing service can be made by a relevant person and by categories of relatives set out in sections 32(6) and (7)....

Seanad: Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (15 Jun 2022)

Roderic O'Gorman: I am not in a position to speak to the amendments that were ruled out of order. While I cannot accept amendments Nos. 38 and 40, I hope I can provide the Senators with some reassurance in terms of the work we are doing to ensure that the public information campaign is designed in as user-friendly a manner as possible. The Adoption Authority of Ireland has already engaged with the National...

Seanad: Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (15 Jun 2022)

Roderic O'Gorman: This amendment inserts an explicit reference in section 60 to the international component of the public information campaign. Having listened to Senators' views on this matter on Committee Stage and recognising the importance of the information campaign and that it must reach those living in other jurisdictions, it is appropriate that the primary legislation should reference the...

Seanad: Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (15 Jun 2022)

Roderic O'Gorman: I fully agree with the Senator that everybody should be able to use their rights under the GDPR to make a subject access request. I assure the Senators that the Bill does not restrict in any way a person's right to apply for his or her information through the alternative route of a subject access request. We do restrict GDPR rights in a very limited way in the legislation, as set out in...

Seanad: Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (15 Jun 2022)

Roderic O'Gorman: While I understand the spirit in which this amendment has been brought, I am not in a position to accept it. Counselling provisions, as currently drafted within the legislation, allow for the broad spectrum of counselling support to be provided as required and requested by a person, and also allow for more urgent cases to be prioritised. As I flagged on Committee Stage, the National...

Seanad: Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (15 Jun 2022)

Roderic O'Gorman: I propose this amendment further to commitments I made on Committee Stage in response to Senator Boyhan’s amendment. A key part of bringing forward any legislation is to provide for a review of the legislation to ensure it operates as intended, is sufficient and is robust. On Report Stage in the Dáil, I brought an amendment to reduce the timeframe for review to two years. This...

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