Institutional Burials Act 2022

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PART 2

Chapter 1

Directors of Authorised Interventions

Government Order directing establishment of Office of Director of Authorised Intervention

7. (1) Subject to subsection (2), the Government may, from time to time, having considered a proposal made by a relevant Minister with the consent of the Minister for Public Expenditure and Reform, by order—

(a) direct the relevant Minister, in accordance with section 9 , to establish an Office of Director of Authorised Intervention (in this Act referred to as a “Director”)—

(i) for such period as the relevant Minister may by order specify under that section, and

(ii) to perform the functions set out in paragraphs (a) to (k) of section 10 and any additional functions specified under paragraph (b),

(b) specify such additional functions (if any), set out in paragraph (l) of section 10 , as they consider appropriate to be performed by the Director, and

(c) identify, by reference to a map appended to the order, the land in respect of which the Director may perform his or her functions.

(2) The Government may make an order under subsection (1) where—

(a) they are satisfied as to the matters set out in subsection (3),

(b) none of the circumstances set out in subsection (4) apply,

(c) they have not formed the view set out in subsection (5), and

(d) a resolution approving the draft order has been passed by each House of the Oireachtas in accordance with section 6 (3).

(3) The Government may make an order under subsection (1) where they are satisfied that—

(a) on land associated with an institution, burials have taken place—

(i) of persons who died while resident at the institution, and

(ii) which, having regard to the matters specified in section 8 (1), were manifestly inappropriate,

(b) works to be conducted on the land by the Director in the performance of his or her functions would not extend within the curtilage or 10 metres (whichever is the lesser) of any dwelling on the land, and

(c) having regard to the consideration specified in section 8 (3), the making of the order is necessary for the purposes of safeguarding important objectives of general public interest.

(4) The Government shall not make an order under subsection (1) where—

(a) there is an ongoing investigation by the Garda Síochána into the circumstances surrounding human remains found on the land and the Government, having consulted with the Garda Commissioner, is of the view that the making of an order is premature pending the outcome of that investigation,

(b) there is an ongoing inquest by a coroner under the Act of 1962 into the circumstances surrounding human remains found on the land and the Government, having consulted with the coroner concerned, is of the view that the making of an order is premature pending the outcome of that inquest,

(c) the land—

(i) comprises, in whole or in part, a burial ground for the purposes of section 44 of the Local Government (Sanitary Services) Act 1948 , or

(ii) could not be excavated without disturbing appropriately buried human remains that the Government consider, in all the circumstances, should not be recovered,

(d) recovery of human remains from the land would be unsafe or unreasonably difficult,

(e) evidence is available that the last known burial in the land was carried out before 1 January 1922, or

(f) to do so would obstruct or interfere with—

(i) an official or legal inquiry, investigation or process, or

(ii) proceedings pending or due before a court, a tribunal of inquiry established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011 or a commission of investigation established under the Act of 2004.

(5) The Government may refuse to make an order under subsection (1) where other substantive reasons exist which cause the Government to form the view that memorialisation of the burials on the land, without further intervention, is more appropriate.

(6) Subject to section 6 (3), the Government may from time to time, having considered a proposal made by a relevant Minister with the consent of the Minister for Public Expenditure and Reform, having regard to any information which a Director provides to the relevant Minister, by subsequent order amend an order made under subsection (1) or under this subsection to do any or all of the following:

(a) direct that certain functions set out in paragraphs (a) to (k) of section 10 shall not be performed by the Director;

(b) direct that additional functions set out in paragraph (l) of section 10 and specified in that order shall not be performed by the Director;

(c) specify additional functions, set out in paragraph (l) of section 10 , to be performed by the Director;

(d) amend, by reference to a map appended to the order, the land in respect of which the Director may perform his or her functions.