Government approves proposals to establish an Office to oversee excavation at the site of the former Mother and Baby Institution in Tuam

The government has today approved a proposal by the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, to establish an independent Office to lead an intervention at the site of the former Mother and Baby Institution in Tuam, Co. Galway. The intervention will involve the excavation, recovery, analysis, identification (if possible) and re-interment of the children’s remains located at the site. The proposal to establish the Office of Director of Authorised Intervention, Tuam, follows on from the signing into law of the Institutional Burials Act 2022 earlier this month.

The Act, which provides the underlying legislative basis for the intervention, allows the government, by Order, to direct an intervention at a site where manifestly inappropriate burials of people who died in residential institutions have taken place. The government may make an Order when the criteria set out in the legislation are met. The government today confirmed that they are satisfied that the criteria are met in relation to Tuam.

A draft of the Government Order directing the Minister to intervene, as well as a statement of the reasons for making the Order, will now be laid before both Houses of the Oireachtas for a resolution. If approved by the Houses on their return in the Autumn, the Tuam Office will be established and a Director will be appointed.

Speaking today the Minister said:

The Minister also updated Government on the strong progress more generally on implementing the Action Plan for Survivors and Former Residents of Mother and Baby Institutions which was published last November. He noted that 8 out of the 22 actions have been completed, with good work underway on many others.

The Institutional Burials Act 2022 provides for:

• the government, by Order, to direct intervention at a site and to approve the appointment of a Director to head up an Office to manage this intervention. A draft of the Government Order must be laid before each House of the Oireachtas for approval before the Order is made
• the establishment of an Advisory Board to provide advice and guidance to a Director in undertaking his/her functions. The Advisory Board will be chaired by a person with coronial expertise and will include members with scientific expertise and former residents or family members of deceased persons believed to be buried at the site
• a legal basis for a phased, step-by-step approach to an intervention which will comprise the following steps:

o Excavation of the site

o Recovery of human remains

o Post recovery analysis of remains

o Identification of remains through DNA familial matching (if possible)

o Return of remains to family members or respectful re-interment of remains in line with family wishes

All of the steps will be undertaken to a forensic-standard in line with international standards and best practice.

• the legislation also provides for temporary rights of access to the land where an intervention is to take place, with an obligation to provide reasonable compensation and to restore land to its original condition and use upon completion
• in response to Pre-Legislative Scrutiny recommendations and views expressed by family representatives in relation to the General Scheme, Minister O’Gorman made a number of very significant changes prior to publication of the Bill. This included removing a restriction on the jurisdiction of the coroner; providing for a strengthened the role for the Director and the establishment of an Advisory Board
• the Act was signed by the President on 13 July and commenced in full by Ministerial Order with effect from 15 July