Institutional Burials Act 2022

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Identification Programme: purpose and composition

46. (1) Subject to the conditions laid down in this Part, the purpose of an Identification Programme is—

(a) to establish whether there is a familial link between relevant persons or applicable persons and unidentified human remains recovered from principal burial land or ancillary burial land, as the case may be, and

(b) where a familial link is established, to identify the person whose remains have been recovered.

(2) For the purposes referred to in subsection (1), an Identification Programme shall, in accordance with this Part, comprise—

(a) on completion of that part of post-recovery analysis referred to in paragraphs (a) and (b) of section 35 (2), the taking of samples by an authorised person from human remains under subsection (3),

(b) the making of a decision by the Director, in accordance with subsection (6), as to whether or not the Programme should continue,

(c) where a decision is made to continue with the Programme—

(i) identifying who can participate in the Programme,

(ii) the taking of samples by authorised persons from human remains (where not already taken under subsection (3)) and from certain living persons, the storing, recording and forensic testing of those samples and the storage of the DNA profiles generated from that testing and related information on the Databases and searching the Databases for purposes permitted by section 65 , and

(iii) DNA profile comparison and notification of the outcome of that process to relevant persons or their nominees, or to the nominees of applicable persons, as the case may be,

and

(d) the destruction of samples and the deletion of DNA profiles and related information from the Databases in accordance with Chapter 8 .

(3) Subject to subsection (4), the Director shall arrange—

(a) on completion of that part of post-recovery analysis referred to in paragraphs (a) and (b) of section 35 (2) ,for the taking of samples by an authorised person from human remains recovered from principal burial land and, if applicable, ancillary burial land, and if necessary, the re-taking of samples from those remains in accordance with section 62 ,

(b) for the storage and recording of samples so taken or re-taken, and

(c) for the delivery of those samples to FSI.

(4) Where human remains of more than one person have been recovered, a Director may, in arranging for the taking of samples under subsection (3), direct that samples be taken only from a proportion of the human remains recovered.

(5) FSI shall forensically test samples delivered to it under subsection (3) and determine whether—

(a) the quality of the samples is sufficient, having regard to available scientific techniques, to generate DNA profiles,

(b) DNA profiles generated by that testing are of a sufficient standard to enable DNA profile comparison, and

(c) having regard to the samples tested, samples taken from certain parts of human remains are a better source of DNA than other parts of remains.

(6) The Director shall, having consulted with the Advisory Board, make a decision to continue with an Identification Programme where he or she is satisfied—

(a) that there are family members of deceased persons believed to be buried in the principal burial land and, if applicable, ancillary burial land, still alive who may wish to participate in the Programme, and

(b) FSI has determined, in accordance with subsection(5), that the quality of samples forensically tested by it is sufficient to generate DNA profiles and of a sufficient standard to enable DNA profile comparison.

(7) The Director shall, without undue delay, notify the relevant Minister and the Director of FSI in writing of his or her decision under subsection (6).

(8) The Director shall, within one week of notifying the relevant Minister of his or her decision under subsection (6), publish that decision and the reasons for it on a website maintained by the Government, the relevant Minister or the Director.

(9) Section 59 (4) shall apply where a decision has been made under subsection (6) to continue with an Identification Programme.

(10) A Director shall from time to time, and at any time on the request of the relevant Minister, report to the relevant Minister on the progress of an Identification Programme.

(11) A Director shall ensure that an Identification Programme is carried out in accordance with this Part.

(12) Where a decision has been made under subsection (6) not to continue with an Identification Programme the Director shall, as soon as practicable after the taking of that decision—

(a) arrange for the destruction of samples taken under this section and samples referred to in section 51 and the deletion of any DNA profiles generated by FSI from those samples, and

(b) make final arrangements for the recovered human remains.