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

There has been a good deal of debate on this particular provision and it has changed. What we are dealing with in this provision is where there is a burial on private residential land. We are thinking of a situation where perhaps an institution sold off land to an estate and now there is potential intervention on that land.

Under the original heads of the Bill I brought forward, the Bill stated that if there are private dwelling houses on private land that is subject to a potential intervention, there will be no intervention. The intervention was stopped. That is not the case any more.

When we brought the Bill to the Dáil we stated where an intervention is sought on private land it can take place but up to 20 m from any residential house on the land. We amended that in the Dáil and brought that distance back to 10 m. Therefore, an excavation can take place on private land within 10 m of a residential house. We think that is a fair balance between ensuring an excavation can take place but the immediate privacy of a landowner will not be automatically interfered with by the very substantial works a dig requires. The Senator is seeking to remove this further. We feel 10 m is a fair limit.

I wish to make another point concerning an issue that was raised a while ago. This particular provision does not apply to the situation in Tuam because the land in Tuam is in public ownership. The site, as we all know, is the garden of remembrance there but it is also the cark park and playground, and the entire site is in public ownership. This provision will in no way interfere or limit the ability to undertake an investigation in any part of the Tuam site.

It is also important to note an investigation can go within 2 m into private land adjacent to the Tuam site. As we know, there are many back gardens that immediately abut the site of the septic tank and it is possible, under a separate provision of the legislation, for works to take place within 2 m of those gardens. Work almost certainly will have to take place because there is a very large wall immediately overlooking the site, which will have to be temporarily removed for safety reasons.

I am not in a position to accept this amendment but I want to make it very clear the provision we are talking about will not in any way interfere with excavation on any part of the Tuam site.