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

I am not in a position to accept this amendment that seeks to remove the very important concept of safeguarding the public interest from consideration within this legislation. The excavation and recovery of human remains is a complex and sensitive intervention. In making a decision to undertake this, the Government must strike a balance between the need to intervene with the need to respect the long-standing tradition of the sanctity of burials and consider the overall public interest. Consideration of the safeguarding of public interest is not unique to this legislation. It is a particularly important concept in legislation where elements of constitutional rights are at play and are being balanced. When legislation does impact on constitutional rights, it is vital the legislation sets out a robust legal basis grounded in public interest for any potential adverse impacts on constitutional rights. The legislation, therefore, sets out a number of factors a Government would have to take into account when determining if an intervention is proportionate, including the need to accord dignity to persons who are buried in the land, the need to respect the views of the relatives of persons buried in the land, public health, and alternative options, if any, that may be available.

I believe the amendment proposed would fundamentally weaken the protection of constitutional rights within this legislation and, therefore, the legislation itself. I do not think that is in the ultimate interest of those most centrally affected and as such I cannot accept the amendment. To be clear, I do not believe anything about the public interest test will in any way interfere with our ability to intervene at the site in Tuam, which is the stated intention of Government.