Seanad debates

Wednesday, 21 September 2022

Institutional Burials Act 2022 (Director of Authorised Intervention, Tuam) Order 2022: Motion

 

10:30 am

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

I thank all the Senators for their contributions. I am also grateful for their support in bringing the Institutional Burials Act 2022 through this House before the summer so we have the legal framework in place to allow us to respond appropriately to the horrific situation in Tuam.

What happened in Tuam is an intensely human tragedy. The drafting of this legislation has also been an intensely human process. Senator Seery Kearney spoke about the many survivors who appeared before the Joint Committee on Children, Equality, Disability, Integration and Youth in terms of the very lengthy pre-legislative scrutiny process it undertook. I know a significant number of Senators present were part of that process.

I visited Tuam last summer and met with a number of survivor groups, as well as with Ms Catherine Corless, and heard their concerns in terms of the coroner. Every single one of them identified that as an issue, which strengthened my resolve that this was an issue we needed to address, and did address, in the process of pre-legislative scrutiny.

Recognising the complexity of the investigation and excavation that has to take place in Tuam, I would like to express my gratitude to Dr. Niamh McCullough, who assisted my Department in the drafting of this legislation and, in particular, the introduction of the requirement that is now set out in the legislation that the investigation must be to an international forensic standard. Similarly, bringing in the section on post-recovery analysis of the remains is a whole new part of the process that Dr. McCullough suggested was necessary. This allows us, without in any way wishing to speak crudely, to seek to reassemble the skeletons of these children from these incredibly delicate remains so that when the DNA identification takes place, we have the best chance of providing families with as many of the remains as possible.

This forensic investigation will be one of the most technically complex that takes place in the world because of the location of the site and the situation of the incredibly narrow concrete chambers in which the remains are located. That process will be difficult for the families of survivors. The National Counselling Service, NCS, has been established and is available to all survivors of mother and baby and county home institutions. It is a free and detailed service that is available up to 10 p.m. I encourage all Senators, many of whom have much indirect engagement with survivors, to speak to them and let people know this service is available.

I recognise that other sites have institutional burials associated with them and, of course, in the context of Bessborough, there is a lack of absolute clarity in terms of the location of the site. As Senators know, I intervened last year at Bessborough when there was a planning application in respect of an area that is recognised as a site. That was part of a process that established a protection for that site in terms of the rejection of that planning application but also a subsequent change of status of that site by Cork City Council. Similarly, I visited Sean Ross Abbey this summer and met with survivor groups. We are working with survivor groups on a potential survey to see if the burial area actually extends further than that which is marked within the wall, and if a forested area serves as part of the burial site as well. We are looking at what supports we can provide in terms of other sites initially on the issues of protection and memorialisation.

Senators are correct; when we look to the next step, it becomes complicated because unlike with Tuam, there are strongly divergent views among survivors in other areas. We must recognise that and I think people do recognise that. We must recognise that the intervention in Tuam is very significant and entirely warranted. However, making that significant intervention at other sites requires engagement and buy-in across the survivor community. As Senators know, there is provision within the Institutional Burials Act to review the processes of the Act. As we go through this process with Tuam, we can understand better what elements have and have not worked and what changes we can make to the process. I am always open to engaging in that process.

Today, however, I want to thank Senators for their support on this order. This is important as it allows us now to begin the process of hiring the director and looking to secure the site. Senator Seery Kearney is absolutely right in terms of the importance of securing the site as quickly as possible and, hopefully, early in the new year, beginning the process of excavation to finally provide some answers and a sense of peace to the families of the Tuam victims.

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