Seanad debates

Tuesday, 28 June 2022

Institutional Burials Bill 2022: Committee Stage

 

12:00 pm

Photo of Lynn BoylanLynn Boylan (Sinn Fein) | Oireachtas source

I move amendment No. 17:

"In page 15, to delete lines 31 to 34 and substitute the following: “(5) The Government shall make every effort where a site proves problematic to resolve difficulties and thoroughly examine burials on the land, before it is determined that memorialisation of the burials on the land, is more appropriate.”."

This amendment seeks to delete lines and substitute them with the following wording: “The Government shall make every effort where a site proves problematic to resolve difficulties and thoroughly examine burials on the land, before it is determined that memorialisation of the burials on the land, is more appropriate.” The rationale for that is that memorialisation in the absence of excavation, exclamation and identification of remains maladapts the transitional justice ideas. It is impossible to memorialise something if we do not know or agree on what we are acknowledging. The report of the expert technical group itself stated that in order to memorialise, it is essential to know what and who are being acknowledged in that memorialisation. Further investigation on behalf of the Government will be required in order to memorialise effectively. In the absence of specifying what the substantive reasons are for not engaging in intervention, it is impossible for this provision to be a proportionate engagement with the rights and preferences of victims and survivors, including former residents of institutions and their families.It is also noted that Ireland's international obligations under relevant EU and UN conventions should also be checked as the memorialisation measure in lieu of a proper investigation, as is being suggested in the current wording, would appear to allow an Irish Government to literally bury the truth in order to avoid international embarrassment. Therefore, I would like to hear the Minister's rationale as to whether or not he can accept this amendment.

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