Dáil Éireann Debate, Wednesday - 24 January 2024
133. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage given the recent announcement that exhumations are to take place in Mountjoy Prison to recover the remains of executed prisoners buried on site, if his Department will commence, as per its powers under the National Monuments Acts, a similar scheme of exhumations to take place at Kilmainham Gaol. [3104/24]
Amharc ar fhreagraThe function of the Minister for Housing, Local Government and Heritage, under the National Monuments Acts, 1930-2014 is to ensure the long-term conservation of national monuments. Kilmainham Gaol is a national monument in their ownership and they are responsible for policy to ensure its long-term conservation and for the issue of Ministerial Consent under the Acts with respect to works at or in its vicinity.
The question of exhuming, for instance, the remains of the Invincibles and removing them from Kilmainham Gaol to the Republican Plot at Glasnevin was suggested a number of years ago by the late historian, Dr. Shane Kenna. It has also been the subject of a number of calls within various City and County Councils. In parallel, the contrary view has also been expressed by other parties that the resting place should not be disturbed.
The Minister does not have a direct role in relation to any decision in principle on whether the remains should be disinterred for reburial elsewhere. However, Ministerial Consent under Section 14 of the National Monuments Act would be required and there are a number of challenges that would be involved that would need to be considered before any viable proposal could proceed, including the appropriateness of such. Notwithstanding any grant of consent under Section 14, it should be anticipated that an exhumation licence under section 46 of the Local Government (Sanitary Services) Act 1948 would also be required.
The fact that the bodies were buried in quicklime and that there may be other remains of executed prisoners potentially in the same area is a significant complicating factor, which would make accurate identification of remains difficult. Given the implications of the proposed project, it is likely that further consultation would need to take place, in addition to satisfying that the exhumation would meet the requirements of Section 14 of the National Monuments Act, The Office of Public Works (Minister for PER) also has a specific function in the matter as the statutory authority responsible for managing Kilmainham Gaol. I can confirm that my Department has liaised with the OPW on this matter.
