Institutional Burials Act 2022

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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.