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.
Under the Act Government can direct establishment of an independent Office, headed by a Director, to oversee an intervention at a particular site. An Advisory Board must also be established to provide advice and guidance to a Director in undertaking his or her functions. The Act provides that an Advisory Board will consist of the following six members:
- Chairperson (a former coroner or a person having demonstrated expertise in coronial matters)
- Two members having scientific expertise
- A member of a staff of the local authority in which the principal burial land is located, nominated by the Minister for Housing, Local Authority and Heritage
- A person who is a family member of the deceased
- A former resident of the institution
On 4 October Government agreed to make an Order to establish an independent Office to lead an intervention at the site of the former Mother and Baby institution in Tuam, Co. Galway, under the Institutional Burials Act 2022. The making of the Order follows on from Resolutions in the Dáil and Seanad last month approving the draft Order that was agreed by Government in July. I intend to appoint a Director to head up the Office as soon as possible and my officials are liaising with the Public Appointment Service on the recruitment process for the post. Preparations are also underway for the appointment of an Advisory Board in line with the provisions of the legislation and details of the appointment process will be available in due course.
In terms of consultation, the Director will be required to consult with the Advisory Board at regular intervals, including at key decisions points in an intervention. The legislation also places a broader general requirement on the Director to engage with family members and other stakeholders about the performance of his/her functions.
