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Dáil Éireann debate -
Tuesday, 25 Nov 1997

Vol. 483 No. 3

Written Answers. - Cemetery Maintenance.

Gay Mitchell

Question:

47 Mr. G. Mitchell asked the Minister for the Environment and Local Government if he will update the legislation regarding graveyards in view of the fact that some Dublin cemeteries have fallen into disrepair and have become undignified places for human beings to be interred and do not appear to produce sufficient revenue for adequate upkeep, because of their antiquity; if he will empower local authorities to deal with this problem which is most upsetting for families of deceased persons who have been buried in these graveyards; and if he will make a statement on the matter. [20046/97]

Under existing legislation, local authorities, as burial boards, are responsible for the management, regulation and control of burial grounds provided by them. In the case of a privately owned burial ground which is not in decent order, other than one attached to a church or chapel, the local authority may serve notice on the owner to put the burial ground in decent order within a specified time. If the owner fails to comply with the notice the local authority may itself put the burial ground into decent order. The maintenance of a burial ground attached to a church or chapel cannot be undertaken by the local authority unless the owners agree to transfer management to the local authority. Where the owner of a burial ground cannot be ascertained, or a notice cannot be served, the local authority can also put the burial ground in good order. A local authority can also undertake the maintenance of a burial ground at the owner's request.

I remain to be convinced that amending the legislation to further strengthen the powers of local authorities would resolve the problems referred to by the Deputy without significant additional funding being made available to enable the local authorities to undertake the work involved. I have no funds at my disposal which could be made available for this purpose.

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