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Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I am substituting for Deputy John Paul Phelan. Will Ms Fitzpatrick elaborate on her earlier point? Bearing in mind that the context is that we are establishing an agency that will, hopefully, have increasing and evolving proficiencies and powers, which will then be able to facilitate a response to other burial sites as they emerge or as information on those comes forward. Is there a...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: Yes. I was conscious that the Vice Chairman had a question and I wanted to cede the floor to him if he needed it. We will hear in the next session from a group of survivors who are stating categorically that the home associated with them, which would be Bessborough, is not suitable for exhumations en masse and that they would rather memorialisation. All of us are fundamentally opposed to...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I am asking Professor Murphy for his thoughts on that. If we are to centre on the families' rights, that is a legitimate question which requires a response from us.

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I thank Professor Murphy.

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I thank the witnesses.

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: On the issue of the records, the Minister is adhering to GDPR principles and ensuring they are in place regarding access to information. Hopefully, we will have the information and tracing Bill very shortly. We need a robust response in the information and tracing legislation to address any shortcomings in the GDPR. Bearing in mind that the GDPR does not apply to the deceased, what...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: Witnesses.

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I thank Ms Ansbro.

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I am here instead of Deputy Phelan. I wish to raise a couple of matters. First, in January every year there is a release of documentation from the National Archives. That occurs across many governments and is not unique to Ireland. As regards the idea of it being a surprise or unique to this situation, I am a little disappointed to see that lack of context given the fact that it is normal...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: However, we now have legislation at EU level that prohibits somebody not having access to his or her personal data. Legislation and times have overridden that. That is currently being very much embraced by Government.

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: That is great. I thank Ms Ansbro.

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I have one observation on foot of an email I received this morning during our proceedings. It concerns sites around the country currently managed perhaps by religious orders that had ties to institutions and homes. There may be burial sites on their premises and grounds. As part of the human rights remit and powers of the proposed agency in respect of this process, perhaps we should ensure...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I begin by reiterating my comments in the first session this morning. This session specifically includes survivor groups and I thank them for being here and for their considerable advocacy on behalf of themselves and others, their families and all survivors. All of us as public representatives engage in this process from a position of being heartbroken, appalled and moved by what we hear....

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: With respect, there is Deputy Dillon's time and Mr. Dodd could occupy that time to address this issue. It is pressing and urgent.

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I thank the Acting Chairman. I thank him for confirming the position on broadcasting. I realise it was causing quite a lot of distress. I have received messages and emails about it. Other than a broadcasting unit decision, there is nothing else behind what occurred, and everything will be available online. I have a couple of points. Mr. Mulryan's contribution was incredibly powerful....

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: It was an egregious breach of trust and decency. Mr. Parfrey might comment on the discrepancies between death and burial records.

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: Yes. Perhaps as part of our consideration within this pre-legislative scrutiny we need to think about whether close relatives of the deceased should have a veto on what happens - whether there is an exhumation or what happens. Maybe we need to explore that as an idea, bearing in mind that this would respect mothers and siblings, being the closest relatives, as opposed to wider family members...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: I thank all the contributors. I address my opening remarks to Ms Corrigan. I thank her sincerely for her opening statement, which began with her personal story. In this session probably more than in any other session today, we need to begin by remembering that these were real people who had potential lives to live. They could have been with us today and could have been mothers and...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: Those sorts of best practices would usually be then deployed either as a statutory instrument or a guidance document. Is it necessary for them to be expressly provided for within the legislation?

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

Mary Seery Kearney: That makes absolute sense. I thank Dr. McCullagh.

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