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

While I appreciate the sincere intent that lies behind amendments Nos. 9 and 10, I am not in a position to support them. As outlined previously, it is vital to recognise excavation is not a desired option in every circumstance. From my discussions with families and survivors, I am aware that for some family members, these sites are the graves of their loved ones and they do not want them to be excavated or the remains to be exhumed in any circumstances. For them, that would be regarded as a violation of the sanctity of the remains of their loved ones. Indeed, for some family members, what is important to them is a memorial recognising and marking the burial site.

The legislation, as we know, is not site specific and has to be sufficiently flexible to allow Governments to take account of differing circumstances and views that may arise in the future. On foot of a recommendation from the pre-legislative scrutiny process, this provision in the legislation has been amended to specify the Government must have “substantive reasons” to form the view that memorialisation of the burials on the land without further intervention would be more appropriate. I would like to dispel any potential misconception that the provisions will allow the Government to refrain from intervention. The Government would have to set out clearly the reasons for choosing memorialisation and, in coming to this view, consultation with all relevant parties would be important. The rationale will have to be sufficient and reference to some technical difficulties would not be adequate to justify the decision not to make an order.

I hope this provides some element of reassurance.