Institutional Burials Act 2022
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Obligation to provide certain information where criminal investigation being conducted | ||
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38. (1) Subject to subsection (2), without prejudice to any other enactment or rule of law, where a criminal investigation is being conducted in relation to human remains recovered from principal burial land or ancillary burial land, a specified person shall, when requested to do so by a member of An Garda Síochána not below the rank of inspector, provide— | ||
(a) any information in his or her possession which may assist in such an investigation including information relating to the circumstances of discovery of the remains, the forensic excavation and recovery of the remains and the activities referred to in section 35 (2)(a) and (b), and | ||
(b) where available, a copy of the report prepared under section 35 (2)(c). | ||
(2) Nothing in subsection (1) shall be construed as authorising the disclosure of information— | ||
(a) contained in a notification referred to in section 42 or 44 or given by the person making the notification for the purposes of establishing his or her entitlement to make that notification, | ||
(b) given by a person for the purposes of establishing whether or not he or she may, in accordance with section 48 , participate in an Identification Programme, | ||
(c) given by a relevant person for the purposes of his or her participation in an Identification Programme, or | ||
(d) which reveals the results of a DNA profile comparison by reference to an identifiable relevant person or an identifiable applicable person. | ||
(3) In this section, “specified person” means— | ||
(a) the Director or a member of his or her staff, | ||
(b) a consultant or adviser appointed under section 19 , a person with whom a Director has entered into a contract or arrangement under that section or a member of staff of such consultant, adviser or person, or | ||
(c) the Director, or a member of staff of, FSI. |