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Legislative Measures

Dáil Éireann Debate, Tuesday - 30 June 2020

Tuesday, 30 June 2020

Questions (537)

Mary Lou McDonald

Question:

537. Deputy Mary Lou McDonald asked the Minister for Health the current policy regarding the issuing of exhumation licences; if a condition is imposed on exhumation licences prohibiting the cremation of unidentified remains or remains for which there is no death certificate; and if so, when the policy was implemented. [13487/20]

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Written answers

I have been advised by the HSE that exhumations are carried out under licence granted under Section 46 of the Local Government (Sanitary Services) Act, 1948 (as amended by the Local Government Act 1994) or pursuant to an order of the Minister for Justice under section 15 of the Coroners (Amendment) Act 1927.

The policy and legislation regarding exhumations is not a matter for my Department. The granting of such licences is a function of Local Authorities. 

Where Local Authorities engage with the HSE in advance of issuing the licence, the Environmental Health Service would consider the licence application solely on the grounds of public health.  Such consideration would ordinarily include the reason for the exhumation, length of time of the present interment, location of the grave, soil type, etc.  This information is ordinarily provided to the HSE by the Local Authority. 

A death certificate is not normally sought by the HSE and would not be a pre-requisite for the HSE in providing its final advice to the Local Authority.

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