Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

A number of these amendments are similar to some brought forward on Committee and Report Stages in the Dáil and, unfortunately, I am not in a position to accept them. Amendments Nos. 1, 3, 4 and 7 to 9, inclusive, seek to alter the definition of “principal burial land” and the conditions for making a Government order to allow for interventions in cases where inappropriate burials have not been discovered but where the burials relate to a person whose death may have occurred in a violent or unnatural manner, or suddenly and from unknown causes, or where the circumstances of the death or body-disposal method were not investigated as to their lawfulness.

Amendment No. 30 seeks to alter the function of the director such that he or she would have to arrange for the forensic excavation and recovery of human remains where a death may have occurred in a violent or unnatural manner or suddenly and from unknown causes. These amendments would allow for interventions in cases where inappropriate burials have not been discovered. This approach would fundamentally alter the scope of the Bill and, ultimately, change the underlying objectives of the legislation. This is clearly at odds with the Government decision to create a lawful basis for a forensic excavation, recovery, analysis and identification of remains at institutional sites where manifestly inappropriate burials occurred, as is the case on the site of the former mother and baby institution in Tuam. These amendments would also represent a strong interference with the jurisdiction of An Garda Síochána and the coroner. Any intervention in an investigation relating to a violent or unnatural death or where there are questions regarding the lawfulness of the circumstances surrounding the death should clearly come under the remit of those two bodies. That is why the Bill rightly provides upfront that an order may not be made if an investigation or inquest is under way and if the Garda Commissioner is of the view it would be premature to make the order for intervention pending the outcome of the investigation. Similarly, the Bill rightly provides that where an intervention under the legislation is under way, a director must notify An Garda Síochána and the coroner of any evidence of violent or unnatural death that comes to light during the intervention and then follow their directions. Moreover, it is unclear how within this legislation it would be established prior to an intervention that a death had occurred in a violent, unnatural or sudden and unknown manner.

The manner in which bodies are buried forms part of the considerations of what may constitute manifestly inappropriate burials or where they have been buried in a way that would not be reasonably considered to constitute a dignified interment. I do not see a justification to refer to the body-disposal method given the manner of interment is included in the scope of the Bill. This legislation seeks to complement existing law, including the Coroners Act, not to replace it. As a major change to the general scheme, I removed all restrictions on the jurisdiction of the coroner, something I was called on to do by both the Oireachtas joint committee and relatives.We did that to ensure the role of the coroner would continue to be respected. Under this legislation, the director must try to identify the circumstances and cause of death of recovered remains and if evidence of violent or unnatural death emerges, notify the coroner and An Garda Síochána immediately.

Amendments Nos. 39 and 40 are concerned with changing the description of the type of death that must be notified to the coroner and a member of An Garda Síochána. While I appreciate the intent, I can assure the Senators that the current wording of violent or unnatural would encompass any suspicious death where there is potential evidence of same, including homicide. In practical terms, it is also important that the wording remains aligned with the basis for exhumation in the Coroners Act.

More broadly, the director will publish the full post-recovery analysis report in respect of all recovered remains, which will include the cause and circumstances of death where it is possible to ascertain it. The director will ensure that it is brought to the attention of the relevant coroner.

As a result of an amendment brought forward in the Dáil, the legislation will ensure that the post-recovery analysis report will document whether notification of evidence of violent or unnatural death has been made to An Garda Síochána or the coroner. In light of those reassurances, I am not in a position to accept these amendments.