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

I will first make the general point that the very purpose of this legislation is to stop the burial of the truth and to actually allow for interventions in Tuam and potentially in other sites. That is what we are all seeking to achieve here.

Because we are dealing with different sites, I am not in the position to accept these amendments. It is vital to recognise that excavation may not be the desired outcome in every circumstance. I know that Senators here will have engaged with family members who have differing views as to the treatment of the remains of loved ones. Again, and I make this point every time, this is not the situation in Tuam. Everyone is in agreement about the need to excavate in Tuam. However, in other sites there are different views. This legislation, which is not site specific, has to be sufficiently flexible to allow the Government to take account of different circumstances and differing views that may arise in the future.

On foot of the pre-legislative scrutiny recommendations, this provision in the legislation has been amended to specify that the Government must have substantive reasons to form the view that memorialisation of the burials on the land without further intervention is more appropriate. I would like to dispel any potential misperception that this provision will allow the Government to refrain from intervention. The Government will have to clearly set out the reasons for choosing memorialisation. That rationale has to be sufficient and must reference the particular reasons why the decision was taken. I hope that provides an element of reassurance.