Michael Lowry (Tipperary, Independent)
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270. To ask the Minister for Housing, Planning, and Local Government the engagements he has had with the Office of Public Works, Kilmainham Gaol and the National Graves Association on plans to move the remains of the Invincibles from the grounds of Kilmainham Gaol (details supplied); and if he will make a statement on the matter. [48031/22]

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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My function as Minister, under the National Monuments Acts, 1930-2014 is to ensure the long-term conservation of national monuments. Kilmainham Gaol is a national monument in my ownership and I am responsible for policy to ensure its long-term conservation and for the issue of Ministerial Consent under the Acts with respect to works at or in its vicinity.

The question of exhuming the remains of the Invincibles and removing them from Kilmainham Gaol to the Republican Plot at Glasnevin was suggested a number of years ago by the late historian, Dr. Shane Kenna. It has also been the subject of a number of calls within various County Councils, including with the Motion raised in Dublin City Council. In parallel, the contrary view has also been expressed by other parties that the resting place should not be disturbed.

I do not have a direct role in relation to any decision in principle on whether the remains should be disinterred for reburial elsewhere. However, Ministerial Consent under Section 14 of the National Monuments Act would be required and there are a number of challenges that would be involved that would need to be considered before any viable proposal could proceed, including the appropriateness of such. Notwithstanding any grant of consent under Section 14, it should be anticipated that an exhumation licence under section 46 of the Local Government (Sanitary Services) Act 1948 would also be required.

The fact that the bodies were buried in quicklime and that there may be other remains of executed prisoners potentially in the same area is a significant complicating factor, which would make accurate identification of remains difficult. The Office of Public Works (OPW) also has a specific function in the matter as the statutory authority responsible for managing Kilmainham Gaol. There have been ongoing discussions between my Department and the OPW on this issue over the last few years, however this is ultimately a matter which is outside my remit.