Roderic O'Gorman (Dublin West, Green Party)
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The Institutional Burials Act 2022, which came into effect on 15 July last, 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.

The Act allows the Government, by Order, to direct an intervention at a particular site where the criteria for manifestly inappropriate burials are met and to approve the appointment of a Director of Authorised Intervention to oversee and manage a phased, step-by-step approach to the excavation, recovery, analysis, identification (if possible) and re-interment of the remains.

On 4 October the Government made 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.

In line with the Government Order, the functions of the Director of Authorised Intervention, Tuam will include carrying out a DNA Identification Programme, which involves taking DNA samples from eligible family members and human remains buried at a site and analysis of those samples by Forensic Science Ireland. The purpose of the analysis is to compare DNA profiles to establish if there is a familial link between people who believe they have family members buried at the site and the human remains that are recovered.

The Act defines an eligible family member as a person who has reasonable grounds to believe that he/she is a child, parent, sibling, half-sibling, grandparent, grandchild, aunt, uncle, niece or nephew (whether of the whole blood or the half-blood), grandniece or grandnephew of the person who is buried at an intervention site.

The Act provides that Forensic Science Ireland can establish the Databases that will allow for DNA profile comparison following receipt of a notification from the Director that an Identification Programme is continuing. A decision to continue with an Identification Programme is taken by a Director where he or she is satisfied that there are family members of deceased persons still alive who may wish to participate in the Programme and where Forensic Science Ireland has determined that the quality of samples tested are sufficient to enable DNA profile comparison.

I intend to appoint a Director to head up the Office as soon as possible. My officials have been liaising with the Public Appointments Service on the recruitment process for the post and it is expected that once the post is advertised, the appointment of the Director will take a number of weeks. When appointed, the Director will make arrangements for a public information campaign to promote awareness of the Identification Programme, including how family members can notify the Director of his or her interest in participating in the Programme, in line with the provisions of the Act.

The abhorrent situation discovered in Tuam is, so far, unique. However, the legislation is not site specific and allows for interventions, including identification programmes, should manifestly inappropriate burials be discovered elsewhere.