Institutional Burials Act 2022

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Participation in Identification Programme

48. (1) A person (in this section referred to as the “applicant”) may apply to a Director to participate in an Identification Programme in accordance with this section and the application shall be in such form and manner as may be specified by the Director.

(2) An applicant may participate in an Identification Programme where the Director is satisfied that—

(a) the applicant—

(i) is an eligible family member,

(ii) has provided such evidence as is prescribed under section 80 as enables a Director to satisfy himself or herself that a person is an eligible family member,

(iii) has received the information specified in subsection (3) concerning participation in the Programme, and

(iv) having received that information, subject to subsection (7), has confirmed his or her decision to participate in the Programme in such form as is prescribed under section 80 ,

and

(b) where applicable, notwithstanding that an objection has been entered in the register in relation to the participation by the applicant concerned, the applicant should participate, the Director having—

(i) considered the grounds for the objection,

(ii) had regard to the closeness of the genetic relationship the applicant believes he or she has with a deceased person believed to be buried in the land concerned, and

(iii) had regard to the public interest in identifying human remains.

(3) A Director shall provide an applicant with information confirming, if he or she participates in the Identification Programme:

(a) that a sample will be required in accordance with section 60 and the sample will be forensically tested and a DNA profile generated from that testing in respect of the person will be entered in the family members’ index for the purpose of establishing whether or not there is a familial link;

(b) that he or she has the right to appoint up to 2 nominees and the purpose of such nomination;

(c) how he or she will be notified as to whether or not there is a familial link;

(d) that he or she may state his or her wishes in writing to the Director as to the final arrangements for recovered human remains—

(i) in respect of which a familial link is established, and

(ii) should he or she die or become incapacitated before such arrangements are made;

(e) that he or she has the right to withdraw, by notice in writing to the Director, from participation in the Programme, at any time and the effect of such withdrawal, including by the operation of section 74 ;

(f) that where he or she has not withdrawn from the Programme, in accordance with Chapter 8 —

(i) a sample taken from the person will be destroyed,

(ii) a DNA profile generated in respect of the person and entered in the family members’ index will be deleted, and

(iii) any related information stored by FSI on the Personal Information (Historic Remains) Database, shall also be deleted.

(4) A Director shall notify an applicant in writing of the Director’s determination as to whether or not the person may, in accordance with subsection (2), participate in an Identification Programme.

(5) Where a Director notifies a person under subsection (4) that he or she may not participate in an Identification Programme, the Director shall by notice in writing—

(a) set out the reasons for such determination, and

(b) inform the person that he or she may appeal against that determination under section 81 within the period of time specified in that section.

(6) A relevant person may at any time, by notice in writing to the Director concerned, withdraw from participation in an Identification Programme.

(7) Where it comes to the attention of a Director that an applicant may not have capacity to give consent to participation in an Identification Programme, the Director may request that person to provide a certificate from a registered medical practitioner (within the meaning of the Medical Practitioners Act 2007 ) confirming that the person has the necessary capacity to give consent in the circumstances.