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Legislative Measures

Dáil Éireann Debate, Wednesday - 17 November 2021

Wednesday, 17 November 2021

Questions (145)

Holly Cairns

Question:

145. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on the communication regarding the certain institutional burials (authorised interventions) Bill from eight United Nations bodies (details supplied). [56521/21]

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Written answers

I welcome the joint communique from the UNHR Office of the High Commissioner in relation to Mother and Baby and County Home Institutions. Both the joint communique and an initial response from Ireland were published on the UN website on 10 November.

The Government is committed to addressing the legacy of Mother and Baby institutions in a transparent and survivor-centred manner. The publication of the Final Report of the Commission of Investigation into Mother and Baby Homes in January of this year was accompanied by a formal apology by An Taoiseach and a Government commitment to a Strategic Action Plan encompassing a suite of 22 specific measures.

This Action Plan, which was published yesterday, takes account of the Commission of Investigation’s recommendations, as well as the priority needs and concerns of survivors and former residents and their families, as established through engagement with those most affected.

The General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill, which was approved and published in December 2019, was designed to provide the required legal basis for intervention at the Tuam site and other locations should similar circumstances come to light.

I referred the General Scheme to the Oireachtas for Pre-Legislative Scrutiny in January 2021. Numerous submissions were made to the Joint Oireachtas Committee and a number of people gave powerful and moving testimony. The Committee published its report on the legislation in July. I am currently carefully considering the recommendations from that process and hope to publish this Bill by the end of the current parliamentary session.

As set out in Ireland’s initial reply, consideration is also being given to the issues raised in relation to the proposed legislation in the joint communique. With regard to the concerns raised in relation to coronial jurisdiction, it is important to clarify that the proposed legislation is intended to complement the Coroners Act 1962 by providing a mechanism for guaranteed intervention at the Tuam site. It does not remove the obligation on the coroner to hold an inquest where required under the 1962 Act and, where the remains show evidence of violent or unnatural death, the Director overseeing the intervention must immediately inform the coroner within whose district the remains were recovered and An Garda Síochána.

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