Institutional Burials Act 2022
Manifestly inappropriate burials and safeguarding important objectives of general public interest | ||
8. (1) The matters referred to in section 7 (3)(a)(ii) are whether, in relation to the burials concerned, the human remains— | ||
(a) are uncoffined, | ||
(b) are buried in such a manner that they would not have complied with the requirements, at the time of such burial, specified in the Burial Grounds Regulations, | ||
(c) are buried in a way that would not reasonably be considered to provide a dignified interment, or | ||
(d) are buried collectively and in a manner or in a location that is repugnant to common decency and would reasonably have been so considered at the time the burials took place. | ||
(2) For the purposes of subsection (1), regard shall be had to available evidence including— | ||
(a) any expert technical reports or other reliable information in respect of the condition, location and age of the burials concerned, and | ||
(b) any reliable and corroborated statement made by a person with knowledge of the circumstances and location of the burials concerned. | ||
(3) In determining whether the making of an order under section 7 (1) is necessary for the purposes of safeguarding important objectives of general public interest, the Government shall consider whether the proposed intervention is proportionate having regard to— | ||
(a) public health, | ||
(b) the need to accord dignity to persons buried in the land, | ||
(c) the need to respect the views of the relatives of persons buried in the land, | ||
(d) the potential impact on the land concerned, including the potential impact on— | ||
(i) residents whose dwellings adjoin the land, and | ||
(ii) archaeological features (if any) of the land, | ||
(e) the social and economic interests of the State, and | ||
(f) alternative options (if any) available to accord dignity to persons buried in the land. | ||
(4) In this section, “Burial Grounds Regulations” means the Rules and Regulations for the Regulation of Burial Grounds 1888, & c, dated 6th July, 1888. |