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

I am not in a position to support these amendments that seek to amend the criteria under which the Government cannot make an order. The criteria set out are all important factors that need to be considered in decisions on whether an order should be made. There is a strong rationale for excluding official burial grounds, ensuring that appropriately buried human remains are not disturbed unnecessarily and health and safety considerations are taken into account.

Section 44 of the Local Government (Sanitary Services) Act 1948 specifies where burials can appropriately take place. Where this legislation applies, there is an existing provision for an exhumation licence to be issued by the relevant Minister for a body or bodies that were buried at that location. An intervention under this Bill would, therefore, not be warranted if the provisions of the 1948 Act are applicable to the burial grounds in question.

It is also reasonable not to disturb remains that were buried appropriately. A similar condition exists under the 1948 Act. It is important to respect the long-standing tradition of the sanctity of burials and, in some cases, it may be necessary to consider the impact of the intervention on other human remains that were interred appropriately. While the views of relatives in relation to this would be important, and would be provided for under amendment No. 7, the Government may need to consider the other factors in this regard. I believe the current wording represents the best approach.

In certain sites, excavations may be unsafe or disproportionately difficult. These health and safety considerations must be taken into account. While the risk of serious physical harm to persons responsible for an excavation would be an important factor, as suggested by amendment No. 8, it would not be sufficient to cover situations where an intervention may not appear to pose a risk of physical harm but may be so complex that any attempt to recover the remains would not afford dignity to the deceased. It should be stressed that such circumstances would be exceptional. We are aware that the Tuam site will be challenging, but intervention here is justified and the Government has made a clear commitment to doing so once this legislation is passed.