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

Roderic O'Gorman: I move amendment No. 53: In page 37, line 2, to delete "A Director may resume relevant works on the land concerned" and substitute "A Director may resume relevant works on principal burial land or ancillary burial land, or both, as the case may be, after a suspension of such works under section 36 or 37". This is a technical amendment that aims to ensure the section is interpreted as intended.

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

Roderic O'Gorman: I move amendment No. 55: In page 42, line 35, to delete "A Director may," and substitute "Where human remains of more than one person have been recovered, a Director may,". This is another minor technical amendment. It aims to support the correct interpretation of the section regarding directing the taking of samples from human remains. It is unlikely that remains of only one person...

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

Roderic O'Gorman: I move amendment No. 57: In page 44, line 34, to delete “on the land” and substitute “in the land”. This is a minor amendment to correct a grammatical error.

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

Roderic O'Gorman: I move amendment No. 58: In page 47, line 2, to delete “and”. I will discuss amendments Nos. 58 to 60, inclusive, together. While the Bill provides for an appeal to an adjudicator against the finding that on the balance of probabilities the genetic and non-genetic data available are not sufficient to suggest a familial link, there is currently no provision that requires a...

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

Roderic O'Gorman: I move amendment No. 59: In page 47, line 15, to delete “recovered.” and substitute “recovered, and”.

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

Roderic O'Gorman: I move amendment No. 60: In page 47, between lines 15 and 16, to insert the following: “(iii) that he or she may appeal the finding in subparagraph (i)in accordance with section 75.”.

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

Roderic O'Gorman: The intention has always been to facilitate the use of different types of documentation in the context of the identification programme. The definition of relevant information in the Bill is relatively brief in providing examples, but it is open-ended and facilitates consideration of various types of documents that may support the identification of a deceased person. This can be seen in Part...

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

Roderic O'Gorman: I move amendment No. 63: In page 52, line 19, after “comparison” to insert “under this Act”. I will discuss amendments Nos. 63 to 69, inclusive, together. These amendments are minor and they seek to provide clarification or ensure consistency within the Bill. Amendment No. 63 ensures that it is clearly stated that the samples and profiles taken from relevant...

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

Roderic O'Gorman: I move amendment No. 64: In page 53, to delete lines 13 to 16 and substitute “(Historic Remains) Database from a member of staff of FSI or from a person who took a sample referred to in section 52 where the member of staff or person concerned consents in writing to having that sample taken.”.

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

Roderic O'Gorman: I wish to signal my intention to table an amendment to section 66 on Report Stage. The amendment will reflect positive engagement I have had with my colleague, the Minister for Justice, Deputy McEntee, and the chair of the DNA database oversight committee. On the foot of this engagement, I plan to table amendments to provide further oversight and accountability mechanisms within the...

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

Roderic O'Gorman: I also intend to table an amendment to section 67 on Report Stage. Forensic Science Ireland advised that the current provisions in the Bill may make it more difficult to link any additional remains from the same deceased person who may be tested. This can arise in situations like in Tuam where there may be difficulties in fully individualising remains and more than one bone is sent from the...

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

Roderic O'Gorman: I move amendment No. 65: In page 58, line 17, to delete “his or her consent to participate” and substitute “from participation”.

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

Roderic O'Gorman: I move amendment No. 66: In page 58, line 19, to delete "notification" and substitute "notice".

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

Roderic O'Gorman: I wish to signal my intention to bring forward an amendment to section 69 on Report Stage to ensure that certain information can be retained to show how the processing of samples and profiles have complied with the provisions of the legislation.

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

Roderic O'Gorman: I move amendment No. 67: In page 62, line 22, after "FSI" to insert "and the Data Protection Commission".

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

Roderic O'Gorman: I move amendment No. 68: In page 62, to delete lines 30 to 36 and substitute the following: "(d) the form to be completed by an eligible person for the purpose of confirming his or her decision to participate in an Identification Programme;".

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

Roderic O'Gorman: I move amendment No. 69: In page 62, between lines 36 and 37, to insert the following: "(e) the form of consent to the taking of a sample from a person under section 60;".

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

Roderic O'Gorman: I move amendment No. 70: In page 64, to delete lines 1 to 3 and substitute the following: "(6) An adjudicator shall make his or decision under subsection (5)within 12 weeks of being appointed and shall, as soon as practicable thereafter— (a) inform the appellant and the Director of his or her decision and the reasons for it, and (b) where the decision relates to an appeal under...

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

Roderic O'Gorman: I move amendment No. 71: In page 64, between lines 3 and 4, to insert the following: "(7) Where an adjudicator makes a decision under subsection (5)to overturn a determination under section 48that an appellant is not eligible to participate in an Identification Programme, the Director shall, as soon as practicable after being informed under subsection (6)of that decision, notify that...

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

Roderic O'Gorman: I wish to indicate that I will bring forward an amendment to section 78 on Report Stage to provide for the issue of a notice of intention to commence works and a statement of compensation to public bodies.

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