Seanad debates

Thursday, 22 October 2015

Commencement Matters

Burial Grounds

10:30 am

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I welcome the Minister of State, Deputy Ann Phelan. In 1649, when Oliver J. Cromwell was defending the Rump Parliament, with which he was associated in London, he and his generals and troops came to Ireland, to County Clare. One of his generals was famously quoted as saying on the Burren that there was not enough "water to drown a man, nor a tree to hang him, nor soil enough to bury him." He was saying, in effect, "Let us get out of here." The reason I have tabled this Commencement matter is that there is barely enough soil to bury a man. The fact is Clare is a limestone county, with concentrations spreading from Ballyvaughan to Doolin and the Cliffs of Moher to parts of the east and west of the county. There is a solid limestone base which can become Moher flag and other strong rock. As such, it is very difficult for grave diggers to dig.

I am sure the Minister of State will agree that the 1888 Act which governs the digging of graves and which was amended in 1929 merits re-examination. The eight feet depth requirement is causing much distress for undertakers in County Clare and particularly families when seeking a new plot on which to inter a loved one. At a depth of about five feet grave diggers hit concrete and literally specialised machinery is needed to reach a deptj of eight feet. I understand Clare County Council is considering the by-laws, as the issue is causing much distress. All of the undertakers in the county have made strong representations on the need to have it addressed, but the county council can only do so much. As the Minister of State is aware, by-laws are governed by national legislation; therefore, the scope to act is limited. If the Minister of State was to give a commitment that the Government would look at amending legislation to loosen the eight foot rule, that would be helpful. Obviously, where a depth of eight feet can be reached, that is the desirable outcome, but where it cannot, there is a need for significant flexibility to facilitate burials in graveyards in which families wish to have loved ones buried. Given her background, the Minister of State will understand the importance of burial grounds to communities.

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