Written answers

Thursday, 13 October 2011

Department of Environment, Community and Local Government

Burial Facilities

2:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 136: To ask the Minister for the Environment, Community and Local Government the EU regulations on emissions and air pollution that apply to the operation of crematoriums; and if he will make a statement on the matter. [29313/11]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 137: To ask the Minister for the Environment, Community and Local Government his views on amendments to the Local Government (Sanitary Services) Act 1948 in terms of the regulation of crematoriums here; and if he will make a statement on the matter. [29314/11]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 138: To ask the Minister for the Environment, Community and Local Government his plans to establish a licensing regulatory authority for the establishment and operation of cemeteries; and if he will make a statement on the matter. [29315/11]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 136 to 138, inclusive, together.

There are no specific regulations governing crematoria in Ireland. My Department is not aware of any EU Directive on crematoria, nor are there specific provisions in the Air Pollution Act 1987 that apply to crematoria. However, the establishment and operation of a crematorium would be subject, where applicable, to the provisions of certain other legislation dealing with planning and development, environmental protection and air pollution. The provisions of the legislation on planning and environmental issues are sufficient to deal with the establishment of crematoria and I have no evidence to suggest that the matter warrants further regulation.

Under the Local Government (Sanitary Services) Acts, 1878 to 2001, local authorities are deemed to be burial boards for their respective functional areas. Acting in their capacity as burial boards, local authorities are responsible for the management, regulation and control of burial grounds in their functional area. With the coming into effect of the Local Government Act 1994 Ministerial consent for the use of land as a burial ground is no longer required. Therefore, ensuring the adequate provision of burial facilities, in their functional areas, is entirely a matter for the relevant local authority.

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