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

I thank the Senators for facilitating the issue with voting today and I gather it may need to be facilitated again later this evening. I thank the Senators for putting forth this set of amendments. I know we discussed similar amendments in the Seanad on Committee Stage here and in the Dáil, and I am not going to be in a position to accept these amendments.

Amendments Nos. 1 to 4, inclusive, seek to alter the definition of principal land, as Senator Ruane said, and the conditions for making a Government order to allow for interventions in cases where inappropriate burials have not been discovered but, rather, where the burials relate to any person who died while resident in an institution or where the circumstances of the death or body disposal method warrant an investigation as to their lawfulness.

Amendment No. 12 seeks to alter the functions of the director so he or she would have to arrange for forensic excavation and recovery of human remains where death may have occurred in a violent or unnatural manner or suddenly from an unknown cause. These amendments will 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 forensic excavation, recovery, analysis and identification of remains at institutional sites where manifestly inappropriate burials have occurred, as is the case at the site of the former mother and baby institution at Tuam.

These amendments will also represent a strong interference with the jurisdiction of An Garda Síochána and the coroner. Any intervention and investigation where there are questions regarding the lawfulness of a circumstance surrounding a death should clearly come under the remit of those two bodies. This is why the Bill rightly provides up front that an order may not be made if an investigation or inquest is already under way, and the Garda Commissioner is of the view it would be premature to make an order for intervention pending the outcome of that investigation. Similarly, the Bill rightly provides that where an intervention under this legislation is under way, the director must notify An Garda Síochána and the coroner of any evidence of a violent or unnatural death that comes to light during the intervention and then follow their direction.

I also point out that the manner in which bodies are buried does form part of the considerations of what might constitute manifestly inappropriate burials or buried in a way that would not reasonably be considered to provide a dignified interment. I do not see a justification for referencing the body disposal method when the manner of interment is already included within the scope of the Bill.

The legislation seeks to complement existing law, including the Coroners Act and not replace it. I know this was significant in terms of the pre-legislative discussions. As Senators will know, as a very significant change from the original general scheme, we removed all restrictions on the jurisdiction of the coroner. Furthermore, under this legislation, the director will have to try to identify the circumstances and cause of death of recovered remains, and if evidence of violent or natural death emerges, the director must notify the coroner and An Garda Síochána immediately.

Amendment No. 16 is 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 Senator that the current wording of “violent or unnatural” would encompass any suspicious deaths where there is potential evidence of same. In practical terms, it is important the wording remains aligned with the basis of exhumation that already exists in the Coroners Act. More broadly, the director will publish a full post-recovery analysis report in respect of all recovered remains, which will include the causes and circumstances of death where it is possible for that to be determined by the director. The director will ensure it is brought to the attention of the relevant coroner. In addition, as a result of an amendment that was brought forward during the Dáil debate, the legislation will ensure the post-recovery analysis report will document where notifications of evidence of violence or unnatural death have been made to An Garda Síochána and the coroner. There will be a clear record of that engagement between the director and An Garda Síochána and-or the coroner, which has taken place. In light of those reasons I am not in a position to accept these amendments.