Written answers

Tuesday, 11 October 2022

Department of Children, Equality, Disability, Integration and Youth

Residential Institutions

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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534. To ask the Minister for Children, Equality, Disability, Integration and Youth his views on populating the Advisory Board, concerning the forthcoming examination of the Tuam site under the Institutional Burials Act 2022, with a wider cross-section of victims, survivors and their advocates and obliging the Advisory Board to consult widely with relevant victims/survivors, and for the Director to adhere to the recommendations of the Advisory Board. [49635/22]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Institutional Burials Act 2022, which I commenced in July 2022, provides the underlying legislative basis for an intervention, whereby the remains of those who died in residential institutions in respect of which a public body has or had a relevant role, and who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way. It also provides for the identification of remains and their return to family members, where possible.

Under the Act Government can direct establishment of an independent Office, headed by a Director, to oversee an intervention at a particular site. An Advisory Board must also be established to provide advice and guidance to a Director in undertaking his or her functions. The Act provides that an Advisory Board will consist of the following six members:

- Chairperson (a former coroner or a person having demonstrated expertise in coronial matters)

- Two members having scientific expertise

- A member of a staff of the local authority in which the principal burial land is located, nominated by the Minister for Housing, Local Authority and Heritage

- A person who is a family member of the deceased

- A former resident of the institution

On 4 October Government agreed to make an Order to establish an independent Office to lead an intervention at the site of the former Mother and Baby institution in Tuam, Co. Galway, under the Institutional Burials Act 2022. The making of the Order follows on from Resolutions in the Dáil and Seanad last month approving the draft Order that was agreed by Government in July. I intend to appoint a Director to head up the Office as soon as possible and my officials are liaising with the Public Appointment Service on the recruitment process for the post. Preparations are also underway for the appointment of an Advisory Board in line with the provisions of the legislation and details of the appointment process will be available in due course.

In terms of consultation, the Director will be required to consult with the Advisory Board at regular intervals, including at key decisions points in an intervention. The legislation also places a broader general requirement on the Director to engage with family members and other stakeholders about the performance of his/her functions.

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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535. To ask the Minister for Children, Equality, Disability, Integration and Youth his views on ensuring that an appropriately qualified person recruited for the purpose of excavating human remains as part of the forthcoming examination of the Tuam site under the Institutional Burials Act 2022, has expertise in forensic archaeology and forensic anthropology, preferably employing both disciplines, with demonstrable International qualifications, reputation and experience [49636/22]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Institutional Burials Act 2022, which came into effect on 15 July last, provides the underlying legislative basis for an intervention, whereby the remains of those who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way. It also provides for the identification of remains and their return to family members, where possible.

Where the Government directs an intervention at a site, the Act provides for the establishment of an independent Office, headed by a Director, to oversee and manage that intervention. The Director is then required to identify and engage the necessary expertise to assist in the performance of his or her functions and to ensure that the excavation, recovery and post-recovery analysis of remains is undertaken by appropriately qualified persons at a forensic standard and in accordance with international best practice and professional rules and guidelines.

On 4 October, the Government made an order to establish an independent Office to lead an intervention at the site of the former Mother and Baby Institution in Tuam, Co. Galway, under the Institutional Burials Act 2022. The making of the Order follows on from Resolutions in the Dáil and Seanad last month approving the draft Order that was agreed by Government in July.

I intend to appoint a Director to head up the Office as soon as possible and my officials have been liaising with the Public Appointments Service in relation to this process. In line with the provisions of the Act, once appointed, the Director will need to engage appropriately qualified experts from a range of disciplines to undertake the forensic excavation, recovery and post-recovery analysis processes in accordance with international best practice and professional rules and guidelines.

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