Institutional Burials Act 2022
|
Notification of whether or not familial link established | ||
|
50. (1) A Director may, in respect of a relevant person, request FSI to carry out a DNA profile comparison. | ||
(2) FSI shall carry out a DNA profile comparison when requested to do so by the Director under subsection (1) and shall inform the Director of the results of that comparison. | ||
(3) Subject to subsection (4), a Director shall, having considered the results of the DNA profile comparison received from FSI under subsection (2) and any other relevant information and documents, notify a relevant person in writing that— | ||
(a) a familial link has been established and the notification shall confirm that on the balance of probabilities, the genetic and non-genetic data available suggest that link, or | ||
(b) that a familial link has not been established and the notification shall confirm— | ||
(i) that, on the balance of probabilities, the genetic and non-genetic data available do not suggest that link, | ||
(ii) the limitations (if any) of the Identification Programme in establishing familial links having regard to— | ||
(I) the extent of the excavation and recovery of remains at the land concerned, | ||
(II) the quality of the samples taken from the human remains recovered from the land concerned and the standard of DNA profiles that could be generated, for the purpose of DNA profile comparison, from forensic testing of those samples, | ||
(III) the number of relevant persons who are participants in the Programme, and | ||
(IV) the scientific limitations on forensic testing and DNA profile comparison depending on the genetic relationship between relevant persons and human remains recovered, | ||
and | ||
(iii) that he or she may appeal the finding in subparagraph (i) in accordance with section 81 . | ||
(4) A Director shall, where the circumstances referred to in paragraphs (a) and (b) of section 49 (1) arise, issue a notice under subsection (3)— | ||
(a) to the first nominee of a relevant person, or | ||
(b) where the Director has been notified or becomes aware of the death, loss of capacity or withdrawal of consent of the person who was the first nominee, to the second nominee (if any) unless the Director has been notified or becomes aware of the death, loss of capacity or withdrawal of consent of the person who was the second nominee. | ||
(5) In this section and in section 54 , “relevant information and documents” includes— | ||
(a) birth, baptismal and death certificates and records relating to a person who resided in the institution concerned, | ||
(b) records relating to the institution concerned including admission and discharge records, and | ||
(c) information obtained through post-recovery analysis. |