Dáil Éireann Debate, Tuesday - 4 October 2022
467. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the consideration that was given to the Vienna Protocols in the drafting of the procedures for the examination of sites of potential mass graves in State-run or funded institutions. [48081/22]
View answer468. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on the concerns of the many victims and survivors regarding the methodology of the appointment of the director, the advisory board and the establishment of the correct expertise concerning the forthcoming examination of the Tuam site under the Institutional Burials Act 2022; and if he will make a statement on the matter. [48082/22]
View answer469. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will publish, once available, the criteria for the post of director concerning the forthcoming examination of the Tuam site under the Institutional Burials Act 2022, along with any candidates' information also supplied to prospective applicants to demonstrate the experience that is required, particularly at an international level, along with the requirements or definitions of that role as created by him. [48083/22]
View answer470. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on supporting the principle that validation through co-design and decision-making by an extended advisory board and or the wider consultation is necessary to establish a broad victim, survivor and public confidence in the processes defined by the Institutional Burials Act 2022 and its methodologies. [48084/22]
View answerI propose to take Questions Nos. 467 to 470, inclusive, together.
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.
The legislation was developed in response to the abhorrent situation at the site of the former Mother and Baby institution in Tuam, Co. Galway, where it was confirmed that children’s remains had been discovered that were interred in a manifestly inappropriate manner and the Government was advised that a full forensic-standard excavation, recovery and identification of those remains could not take place under current legislation. To avoid delays in responding to any similar situations that may arise in the future, the Act is not site specific and also allows for excavations and identification programmes at other institutional sites should manifestly inappropriate burials be discovered.
I am satisfied that the Act provides for significant consultation in relation to an intervention. Most notably, the Act requires the appointment of an Advisory Board to guide and support the Director of an intervention in his or her role. The Board, which is to be chaired by a former coroner or someone with coronial expertise, will have members with a range of expertise and backgrounds, including scientific experts, former residents and/or family members of the deceased. A Director is required to consult with the Board at regular intervals, including at key decisions points in an intervention. Other consultation and engagement mechanisms include a requirement that a Director make final arrangements for recovered remains in line with the wishes of family members as well as a requirement that a Director provide regular updates on an intervention to family members, stakeholders and the public.
The Act provides that, following the establishment of an Office of Director, a relevant Minister appoint a Director to manage and oversee an intervention. My officials are currently liaising with the Public Appointments Service in relation to the recruitment process for a Director of Authorised Intervention, Tuam. The criteria and other relevant material relating to the recruitment and appointment of the Director will be published as part of the recruitment process. Preparations are also underway in my Department for the appointment of an Advisory Board and the details of the appointment process will be available in due course.
Tendering for the specific expertise required to undertake an intervention is a matter for a Director appointed to manage and oversee the process. In this regard the Act requires that a Director ensures that 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.
I understand that the Vienna Protocol was prepared to provide guidance in relation to the treatment of remains of people of Jewish origin. The Institutional Burials Act was not designed to contain specific provisions regarding different religious or ethnic groups. However, it does provide for a Director to have regard to any known religious practices of the deceased when making final arrangements for remains where there are no family members or stated wishes.
