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Dáil Éireann debate -
Thursday, 31 Jan 1985

Vol. 355 No. 6

Ceisteanna—Questions. Oral Answers. - Mount Jerome Cemetery.

22.

asked the Minister for the Environment the current position in relation to Mount Jerome Cemetery; the new arrangements which have been entered into for the future maintenance, upkeep and security of the cemetery; and whether in the light of recent developments, he intends to introduce any new legislation to protect the public interest in this matter.

I understand that the shares of the General Cemetery Company of Dublin, which is responsible for the maintenance of Mount Jerome Cemetery, were acquired by new owners last December and that the stated objective is to continue the operation of the cemetery and to secure its future. I intend to keep the continued operation of the cemetery under review. I am considering whether existing legislation in relation to burial grounds might be amended in order to enable an effective response to be made by the appropriate authorities in any case where difficulties may arise in the future.

Has the Minister's Department conducted at any stage an investigation into the accounts and business of the General Cemetery Company of Dublin and also Cemetery Holdings Limited? In this context, is the Minister satisfied that the financial dealings with that company have preserved the lands originally made available to the General Cemetery Company of Dublin for burial purposes, which was the original purpose of lands being made available to them? Has the Minister investigated the circumstances under which portions of those lands were sold by the General Cemetery Company of Dublin to the monumental company associated with Mount Jerome Cemetery?

The Deputy will be aware that these are private companies, that even though they may be involved in an operation about which we would all be concerned, should their dealings not be to our liking, they operate under company law. I shall consider whether existing legislation in relation to actual burial grounds might be amended as a result of the experience we have had with this particular burial ground. It was an unusual experience. In very difficult circumstances I had to ensure that people who had grave spaces or business dealings with the older company were properly looked after. I am glad to say that as a result of our efforts arrangements were made at very short notice to ensure the continuance of this opearation. However, I am not totally satisfied that the law covers the operation of burial grounds adequately and I am having this investigated.

Could the Minister confirm that the General Cemetery Company of Dublin is not an ordinary company, that it is a statutory company formed by an Act of the Westminster Parliament which was amended by the Oireachtas? Could the Minister confirm also that the purpose of the establishment of that company was to ensure that lands vested in it were used for burial purposes? Could the Minister indicate whether his Department are satisfied that lands that were sold by the General Cemetery Company of Dublin to the monumental company were sold at a correct market value for those lands in the context of public concern about that issue? Has the Minister any comments as to the comparative profitability of the monumental company compared with the alleged lack of profit in the context of the General Cemetery Company of Dublin?

The Deputy has raised many questions——

I think the Deputy is conducting an inquest into this question.

It is a very live issue.

I can well appreciate that.

I can assure the Deputy that the take-over of the cemetery by the new shareholders and management does not alter the duties of the General Cemetery Company of Dublin. The new management are responsible for ensuring that the cemetery buildings, walls, and fences will be properly maintained. As the Deputy knows, there was no disruption of burials at Mount Jerome Cemetery over the Christmas period. In any event the sanitary authority for the area, Dublin Corporation, had been asked to undertake any decisions which might have proved necessary. I can assure the Deputy that I shall look into the issues raised by him and reply to him on them. There is a whole list of questions put to me and I have not got the information in my brief.

I thank the Minister for bearing with me. May I ask him to clarify two further matters? When there was an attempt to put this company into liquidation it was publicly alleged that there was a lack of grave space in Mount Jerome to enable it to remain profitable or viable. Could the Minister indicate whether the statements that have now emanated from Messrs. Masseys — who have apparently taken over the cemetery — that there is no such lack of grave space is correct? Might I bring to the Minister's attention the fact that his Department and the State would have a duty to ensure that the lands made available to this company were used properly in the public interest? Might I ask the Minister in particular to investigate the circumstances and financial dealings surrounding the transfer of lands from the General Cemetery Company of Dublin to the monumental company in circumstances in which the directors of both companies were identical and in which it appeared very large profits have been made by the monumental company? Would the Minister ensure that his Department would investigate whether these should be retained within the General Cemetery Company of Dublin? I appreciate that the Minister may not be able to deal with the detail of that question but I would ask him to investigate that as a matter of urgent public concern.

I can assure the Deputy that I shall have that done and communicate with him.

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