Dáil Éireann Debate, Tuesday - 23 April 2024
313. Deputy Mark Ward asked the Minister for Education her views on a letter (details supplied); the options available to this person to assist them in locating their family member’s remains; and if she will make a statement on the matter. [17920/24]
View answerThe matter raised by the Deputy has previously been the subject of correspondence with my Department. This correspondence included a request that I bring forward a proposal to appoint, in accordance with the provisions of the Institutional Burials Act 2022, a Director of Authorised Intervention for the site of the former St Bridget’s Industrial School, Loughrea, Co. Galway, in order to locate the remains of the correspondent’s aunt, who passed away in 1918.
The purpose of the Institutional Burials Act 2022 is to provide a legislative framework for the recovery and re-interment of the remains of those who died in residential institutions and who were buried in a manifestly inappropriate manner.
The 2022 Act was developed in response to the discovery at the site of the former Mother and Baby home in Tuam, Co. Galway of children’s remains which had been interred in a manifestly inappropriate manner, but is not site specific. It therefore could potentially allow interventions at other sites which are associated with residential institutions in respect of which a public body has or had a relevant role, as defined in section 8(3) of the Act.
However, section 7(2) of the Act provides that Government may only make an order to appoint a Director of Authorised Intervention where it is satisfied that a number of criteria have been met. This includes a requirement that manifestly inappropriate burials have taken place on the site concerned, and section 8(1) of the Act then sets out four criteria which can be used to determine whether burial sites contain manifestly inappropriate burials.
These are that human remains are –
(i) Uncoffined,
(ii) Buried in such a manner that they would not have complied with the requirements, at the time of such burial, specified in the Burial Grounds Regulations,
(iii) Buried in a way that would not reasonably be considered to provide a dignified interment, or
(iv) Buried collectively and in a manner or in a location that is repugnant to common decency and would reasonably have been considered so at the time the burials took place.
Furthermore, section 8(2) of the Act requires that the Government has regard to available evidence, including any expert technical reports or other reliable information or corroborated statements.
With regard to the above, it is not apparent, at this time, that there is evidence that children were interred at St. Bridget’s Industrial School in a manifestly inappropriate manner, within the meaning of the Act. Indeed, in a situation where the burial places of children have not been identified, a proposal to appoint a Director of Authorised Intervention cannot be brought forward under the Act.
