Michael Healy-Rae (Kerry, Independent)
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351. To ask the Minister for Housing, Planning, Community and Local Government his views on a matter (details supplied); and if he will make a statement on the matter. [9559/17]

Simon Coveney (Cork South Central, Fine Gael)
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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. However, that said, in late 2016, having consulted with the relevant Local Authority, Kerry County Council, my Department wrote to the person concerned advising him that Kerry County Council had investigated this matter, that staff from Kerry County Council met with him and had also visited the graveyard in his company.

My Department also advised him that the Council has indicated that while it is responsible for maintaining burial records, the ownership of a burial plot is the personal estate of the purchaser and may be assigned in his/her lifetime or bequeathed in his/her will as provided for under Section 44 of the Cemeteries Clauses Act 1847. The Council has also indicated that it does not have any information where the right of burial may have been assigned or bequeathed by the original owner of a plot to a third party.

I understand that the Chief Executive and Director of Services met the person concerned last December and also wrote to him last week restating the Council’s position.