Institutional Burials (Amendment) Bill 2022: Second Stage Seanad Éireann — 2026-02-25 ============================================================ Margaret Murphy O'Mahony (FF), Labour Panel I move amendment No. 1: To delete all words after “That” and substitute the following: “Seanad Éireann declines to give the Bill a second reading for the following reasons: - it would create an unclear basis for an intervention by providing for circumstances where burials are ‘reasonably likely to have taken place’ and for evidence of such burials to include missing burial records, records that indicate an unusually high death rate at an institution and records which indicate the presence of manifestly inappropriate burial sites; - in this regard, it is noted that the Institutional Burials Act 2022 is very wide-ranging in its definition of institutions and already allows for interventions where evidence and records indicate the presence of manifestly inappropriate burials. It should also be noted that there was no legal obligation on private burial grounds to keep a register of burials, and that high mortality rates could sadly sometimes be a feature of historical congregated settings; - it would, therefore, provide for speculative interventions as opposed to evidential interventions as under the present Act, at numerous large sites. This could not be considered proportionate or in the public interest, particularly where manifestly inappropriate burials have not been identified; - the Bill requires the consensus of family members by providing for presumed relatives to indicate that the making of an order is their preference. While engagement with families is paramount and is provided for in the existing Institutional Burials Act 2022, it is a deeply sensitive and personal issue and it is difficult to see how consensus across all families could be achieved as there is presently, and understandably, a significant divergence of opinions.” I welcome the opportunity to speak on the Bill. The Bill seeks to amend the Institutional Burials Act 2022 and the amendments proposed would fundamentally change the purpose and scope of that Act. For this reason Fianna Fáil will oppose the Bill on Second Stage. The Institutional Burials Act provides the legal basis for the State to intervene where people who died in residential institutions were buried in a manifestly inappropriate manner, allowing for their recovery, analysis, identification where possible and respectful re-internment. Crucially, the Act requires that the Government must have evidence that such burials have taken place before appointing a Director of Authorised Intervention. This evidence-based threshold is essential given the sensitive nature of disturbing human remains. Under the legislation, the Government directed the establishment of an independent office to undertake a full forensic excavation at the site of the former mother and baby institution in Tuam. Work began in summer 2025 and the excavation is expected to take up to two years. This shows the 2022 Act functioning exactly as intended, with targeted intervention where clear evidence justifies it. The Government's broader response to the legacy of mother and baby institutions is set out in the action plan for survivors and former residents and further work on local memorialisation is being progressed by a dedicated working group under the Minister for housing. The amendments before us would alter the core architecture of the 2022 Act. Instead of requiring evidence of manifestly inappropriate burials, the Bill would allow intervention where such burials are simply reasonably likely to have taken place. This could be based on missing burial records, high death rates or incomplete documentation. We know from the commission of investigation that high infant and child mortality was tragically common in historical institutions, often due to infection and the conditions of the time. We also know that many private burial grounds were never legally required to maintain burial registers. If missing records or high mortality alone became triggers for excavation, the State would face calls to excavate numerous large sites nationwide. The 2022 Act includes a very broad definition of "institution", including former residential settings far beyond mother and baby homes, and mental health facilities and prisons. Lowering the threshold for excavation would result in interventions on a scale that is neither proportionate nor in the public interest, particularly where manifestly inappropriate burials have not been identified. Excavation is not only complex and intrusive but also deeply sensitive. The cost implications would be significant but, more importantly, these amendments raise legal and constitutional concerns. Allowing speculative intervention would undermine fundamental tests of proportionality, public necessity and property rights. The Bill also proposes that presumed relatives must indicate that making an order is their preference. While engagement with families is vital, we know that survivors and families hold different views on excavation versus memorialisation. The idea of achieving consensus across all families is unrealistic and risks frustrating necessarily intervention. Furthermore, the Bill removes the Government's ability to refuse an order where memorialisation is the more appropriate course of action. This discretion is an important safeguard. It allows the Government to weigh the importance of burials, the unique circumstances of each site and the diverging wishes of families. The 2022 Act sets out clear, robust criteria for determining whether burials were manifestly inappropriate and whether they were not coffined contrary to burial regulations, lacking dignity or collective in a manner against common decency. The standards provide clarity, legal certainty and public confidence. Diluting them would undermine the careful balance of the Act. Work on memorialisation continues to advance. The working group's forthcoming report will provide guidelines on how local authorities should engage with survivors and communities at an appropriate local level. Local authorities have also been asked to protect unrecorded burial sites throughout their development plans. These are the right mechanisms for sites where excavation is not warranted. The Institutional Burials Act was crafted with sensitivity, survivors' engagement and careful legal consideration. It provides an evidence-based proportionate framework for intervention that respects the dignity of the deceased and the complexity of Ireland's institutional past. The Bill before us would create uncertainty, lower the threshold for intrusive action and open the door to broad speculative interventions across the country. It would remove necessary safeguards and introduce requirements that are impractical and potentially divisive. For these reasons we cannot support the Bill on Second Stage. I endorse the reasoned amendment that Seanad Éireann should decline to give the Bill a Second Reading. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-02-25/debate/main Retrieved: 2026-08-14T04:54:41+00:00 Sitting date: 2026-02-25