Institutional Burials Bill 2022 passed by Oireachtas

The Institutional Burials Bill 2022 has, yesterday evening (6 July 2022), successfully completed its final stage in the Houses of the Oireachtas and will now be referred to President Higgins for his consideration and signature.

This crucial piece of legislation will provide a lawful basis for a full-scale forensic excavation, recovery and analysis of the children’s remains at the site of the former Mother and Baby Institution in Tuam. It will enable a DNA based identification programme to help answer questions affected families may have about their loved ones, and will ensure that the children there are finally granted a dignified burial.

Speaking about the passage of the legislation, the Minister for Children, Equality, Disabilty and Youth, Roderic O'Gorman, said:

“The Institutional Burials Bill will allow us, at long last, to afford the children interred in Tuam a dignified and respectful burial. The government has committed to a full-scale forensic excavation of the site and this legislation is essential to delivering on that.

“My sincere hope is that this will finally bring some form of solace and closure to the families and survivors who have been so deeply affected by this abhorrent situation.

“I have met many survivors and family members and I want to thank them for their generosity in sharing their time and for their contribution to the development of this legislation. I would also like to thank Catherine Corless for her tireless work and commitment to the children interred in Tuam.”

Subject to enactment of the legislation, the Minister O'Gorman plans to commence it immediately. He will then seek government approval to make an Order under the legislation establishing an Office of the Tuam Director of Authorised Interventions. The draft Order will be laid before both Houses of the Oireachtas. Once approved, the Office of the Tuam Director of Authorised Interventions will be established and a Director will be appointed with a view to starting excavation of the site at Tuam as soon as possible.

Notes

The Institutional Burials Bill 2022 provides for:

the government to direct intervention at a site and to approve the appointment of a Director to head up an Office to manage this intervention
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