Institutional Burials Act 2022

In short

This law establishes a system for investigating and recovering human remains from burial sites linked to institutions, particularly where burials were done inappropriately. It aims to identify these remains and provide for their dignified reburial.

What it regulates

The appointment and functions of a Director of Authorised Intervention to oversee excavations and recovery of human remains.
The process for forensic excavation, recovery, and analysis of human remains from institutional burial sites.
The establishment and operation of an Identification Programme to identify human remains using DNA and other information.
Provisions for access to land, compensation for its use, and remedial works on burial sites.

Who it concerns

The Government, which appoints the Director of Authorised Intervention.
Relatives of persons believed to be buried in institutional burial sites.
Public bodies that owned, operated, controlled, or funded institutions associated with these burial sites.

Key points

A Director of Authorised Intervention will be appointed to manage the process.
The law allows for the excavation of land associated with institutions where burials were "manifestly inappropriate."
An "Identification Programme" will be established, including DNA (Historic Remains) and Personal Information (Historic Remains) Databases, to help identify recovered human remains.
The law includes provisions for information sharing, data protection, and the destruction of samples and deletion of DNA profiles under specific conditions.

Legal text

Institutional Burials Act 2022 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Institutional Burials Act 2022 Institutional Burials Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 18 of 2022 INSTITUTIONAL BURIALS ACT 2022 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Expenses 4. Service of documents 5. Offences and penalties 6. Regulations and orders PART 2 Chapter 1 Directors of Authorised Interventions 7. Government Order directing establishment of Office of Director of Authorised Intervention 8. Manifestly inappropriate burials and safeguarding important objectives of general public interest 9. Director of Authorised Intervention 10. Functions of Director 11. Resignation, removal or disqualification of Director or person to be appointed Director 12. Office of Director and staff of Director 13. Advisory Board 14. Membership of Advisory Board 15. Appointment of members of Advisory Board 16. Terms and conditions of membership of Advisory Board 17. Member ceasing to be member of Advisory Board 18. Ineligibility to become member of Advisory Board and disqualification to act as member 19. Power to appoint consultants and advisers and enter into contracts 20. Membership of either House of Oireachtas, European Parliament or local authority 21. Grants to Director 22. Accounts 23. Annual report 24. Accountability of Director to Public Accounts Committee 25. Accountability of Director to other Oireachtas committees 26. Amendment of Schedule 13 to Taxes Consolidation Act 1997 Chapter 2 Information sharing and data protection 27. Information and documents to be made available to Director 28. Application to District Court to compel production of information or documents 29. Request for information contained in database and related records of Commission of Investigation into Mother and Baby Homes 30. Prohibition on disclosure of confidential information 31. Processing of personal data and special categories of personal data 32. Regulations for purposes of data protection PART 3 Forensic excavation and recovery and post-recovery analysis of human remains and suspension of relevant works 33. Proceeding with relevant works and related activities: access to land 34. No exhumation under Local Government (Sanitary Services) Act 1948 while relevant works underway 35. Forensic excavation and recovery and post-recovery analysis of human remains 36. Obligation to notify An Garda Síochána and coroner of certain evidence 37. Principal burial land or ancillary burial land as crime scene 38. Obligation to provide certain information where criminal investigation being conducted 39. Resumption of relevant works after suspension under section 36 or 37 PART 4 Identification of human remains and related provisions in respect of samples and DNA profiles Chapter 1 Preliminary and General (Part 4) 40. Interpretation (Part 4) 41. Authorised person Chapter 2 Identification Programme 42. Promotion measures and information campaign: Identification Programme 43. Objection to participation by eligible family member in Identification Programme 44. Objection by parent, child or sibling to participation by another eligible family member in Identification Programme 45. Register of notifications 46. Identification Programme: purpose and composition 47. Review of operation of Identification Programme 48. Participation in Identification Programme 49. Nominee of relevant person 50. Notification of whether or not familial link established Chapter 3 Participation in Identification Programme of certain persons who give samples pursuant to administrative arrangements and who are not relevant persons 51. Use of samples given pursuant to administrative arrangements in certain circumstances 52. Generation of DNA profile from sample referred to in section 51 53. Nominee of applicable person 54. Notification to nominee of applicable person as to whether or not familial link established 55. Use of sample referred to in section 51 where person providing sample participates in Identification Programme 56. Destruction of sample referred to in section 51 in certain circumstances Chapter 4 Final arrangements 57. Final arrangements for recovered human remains Chapter 5 Samples, generating DNA profiles and DNA profile comparison 58. Generation of more than one DNA profile from a sample 59. Taking of sample from human remains and generating DNA profile 60. Taking of sample from relevant person and generating DNA profile 61. Taking of sample for elimination purposes and generating DNA profile 62. Re-taking of sample Chapter 6 Databases: DNA (Historic Remains) Database and Personal Information (Historic Remains) Database 63. Establishment of DNA (Historic Remains) Database and Personal Information (Historic Remains) Database 64. Functions of Director of FSI 65. Permitted searching of Databases Chapter 7 Oversight Committee and review of operation of Databases 66. Request that DNA Database System Oversight Committee perform functions under Act 67. Functions of Oversight Committee 68. Meetings and Procedures 69. Administrative support and engagement of consultants or advisers 70. Cooperation with Oversight Committee 71. Review and report by Oversight Committee 72. Final report of Oversight Committee Chapter 8 Destruction of samples, deletion of DNA profiles and information held on Databases and destruction of Databases 73. Destruction of samples, deletion of DNA profiles and related information at request of Director 74. Destruction of samples, deletion of DNA profiles and related information: relevant person withdraws consent 75. Destruction of samples taken from relevant persons, deletion of related DNA profiles and related information 76. Destruction of samples taken from applicable persons, deletion of related DNA profiles and related information 77. Destruction of samples taken for elimination purposes and deletion of related DNA profiles and related information 78. Return of samples taken from human remains to Director and deletion of related DNA profiles Chapter 9 Regulations and Appeals 79. Regulations for purposes of continuing DNA profile comparison after Identification Programme completed 80. Regulations: general (Part 4) 81. Appeals PART 5 Access to land to carry out works and activities, compensation for use of land and remedial works on land 82. Definition (Part 5) 83. Access to land, carrying out of works and activities on land and compensation: general 84. Public body and consent to relevant works and related activities 85. Notice of intention to carry out relevant works on principal burial land 86. Application to court for order authorising relevant works on principal burial land 87. Notice of intention to carry out relevant works on ancillary burial land 88. Application to court for order authorising relevant works on ancillary burial land 89. Notice of intention to carry out related activities on ancillary land 90. Application to court for order authorising related activities on ancillary land 91. Statement of compensation 92. Application for compensation by person other than owner or occupier of land 93. Calculation and payment of compensation 94. Application to Circuit Court by person who refuses an offer of compensation 95. Remedial works on principal burial land, ancillary burial land and ancillary land 96. Exercise of jurisdiction by District Court and Circuit Court 97. Amendment of section 4 of Act of 2000 PART 6 Dissolution of Office of Director, transfer of functions, assets and liabilities and records 98. Dissolution day 99. Transfer of functions to relevant Minister 100. Liability for loss occurring before dissolution day 101. Transfer of land and other property to relevant Minister 102. Transfer of rights and liabilities and continuation of leases, licences and permissions granted by Director 103. Preservation of contracts, agreements and arrangements entered into by Director 104. Provisions consequent upon transfer of functions, assets and liabilities 105. Final accounts and final report of Director 106. Review of operation of Office 107. Deposit of records of Director with relevant Minister SCHEDULE Provisions applicable to Directors of Authorised Interventions Acts Referred to Assisted Decision-Making (Capacity) Act 2015 (No. 64) Commissions of Investigation Act 2004 (No. 23) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Coroners Act 1962 (No. 9) Courts (Supplemental Provisions) Act 1961 (No. 39) Criminal Justice Act 2006 (No. 26) Data Protection Act 2018 (No. 7) European Parliament Elections Act 1997 (No. 2) Interpretation Act 2005 (No. 23) Local Government (Sanitary Services) Act 1948 (No. 3) Local Government Act 2001 (No. 37) Medical Practitioners Act 2007 (No. 25) National Archives Act 1986 (No. 11) Ombudsman Act 1980 (No. 26) Planning and Development Act 2000 (No. 30) Taxes Consolidation Act 1997 (No. 39) Tribunals of Inquiry (Evidence) Acts 1921 to 2011 Number 18 of 2022 INSTITUTIONAL BURIALS ACT 2022 An Act to provide for the appointment from time to time by the Government of a corporation sole, to be called a Director of Authorised Intervention, for the purposes of excavating land associated with an institution owned, operated, controlled or funded by a public body and, having regard to the need to accord dignity to persons buried in that land, recovering human remains buried in that land in a manifestly inappropriate manner; to provide for post-recovery analysis of recovered human remains; to provide, where appropriate, for the establishment of an Identification Programme; to provide for the participation of certain relatives of persons thought to be buried in the land concerned in the Programme; to provide for the establishment, by Forensic Science Ireland, of a DNA (Historic Remains) Database and a related Database for personal information for the purposes of that Programme; to provide for final arrangements for the human remains recovered from such land; for those and related purposes to enable a Director in certain circumstances to access and carry out works over principal burial land and ancillary burial land and, where necessary, on land ancillary to principal burial land and ancillary burial land and to provide for the payment of compensation in certain circumstances to persons for interference with an interest in or right over such land; to provide for the carrying out of remedial works on land when work on the land concerned is completed; to provide for the establishment of an Advisory Board to provide advice and guidance to a Director in the performance of his or her functions; to provide that a relevant Minister may make regulations, having regard to potential developments in forensic science, to enable forensic testing of samples in certain circumstances for the purposes of identification of human remains after an Identification Programme is completed; to provide, on the dissolution of an Office of Director, for the transfer of any remaining functions, rights, liabilities and records to a relevant Minister; to amend the Taxes Consolidation Act 1997 and the Planning and Development Act 2000 ; and to provide for related matters. [13th July, 2022] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1.

(1)This Act may be cited as the Institutional Burials Act 2022.

(2)This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be appointed for different purposes or different provisions. Interpretation 2.

(1)In this Act— “Act of 1962” means the Coroners Act 1962 ; “Act of 2000” means the Planning and Development Act 2000 ; “Act of 2004” means the Commissions of Investigation Act 2004 ; “Act of 2014” means the Companies Act 2014 ; “Act of 2018” means the Data Protection Act 2018 ; “adjudicator” has the meaning assigned to it by section 81

(3); “Advisory Board” has the meaning assigned to it by section 13

(1); “ancillary burial land” means relevant residential land— (

a)adjacent to principal burial land, and (
b)where burials, associated with burials that took place on that principal burial land, have taken place; “ancillary land” means land that is not principal burial land or ancillary burial land and on which it is proposed to carry out related activities; “applicable person” has the meaning assigned to it by section 52

(1); “coroner” means a coroner appointed under the Act of 1962; “Databases” has the meaning assigned to it by section 63

(1); “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); “Director” has the meaning assigned to it by section 7

(1); “Director of FSI” means the officer who is for the time being in charge of FSI; “dissolution day” shall be construed in accordance with section 98 ; “DNA” means deoxyribonucleic acid; “DNA (Historic Remains) Database” shall be construed in accordance with section 63

(1)(a); “DNA profile” means, subject to section 58 , information comprising a set of identification characteristics of the DNA derived from an examination and analysis of a sample from a person that is clearly identifiable as relating to the person and that is capable of comparison with similar information derived from an examination and analysis of a sample from another person that is clearly identifiable as relating to that other person; “DNA profile comparison” shall be construed in accordance with subsection

(2); “dwelling” means a building used for residential purposes and includes a building where a part of the building only is used for residential purposes; “eligible family member” means a person who believes on reasonable grounds that— (

a)he or she is, in relation to a deceased person, a child, parent, sibling, half-sibling, grandparent, grandchild, aunt, uncle, niece or nephew (whether of the whole blood or the half-blood), grandniece or grandnephew of the person, and (
b)the deceased person is buried in the principal burial land or ancillary burial land in respect of which an Identification Programme is undertaken; “elimination index” shall be construed in accordance with section 63

(1)(a)(iii); “enactment” has the same meaning as it has in the Interpretation Act 2005 ; “familial link” means, between a relevant person or an applicable person, as the case may be, on the one hand and a person whose human remains have been recovered on the other hand, that those 2 persons are likely to be related to each other within the degree of relationship asserted by the relevant person or the applicable person; “family members’ index” shall be construed in accordance with section 63

(1)(a)(ii); “final arrangements” means, in relation to recovered human remains or samples taken from those remains, final arrangements made in accordance with section 57 ; “forensic excavation and recovery” means, in relation to principal burial land or ancillary burial land— (

a)the excavation of the land and recovery of human remains buried in the land, and (
b)the treatment of the remains so recovered, in a manner sufficient to satisfy legal requirements regarding the use and storage of evidence in connection with the identification of human remains, including in criminal proceedings; “forensic testing” means, in relation to human remains or a sample taken from those remains or from a living person— (
a)the examination and analysis of the remains or sample, or both, as the case may be, (
b)the carrying out, on the human remains or sample, of biochemical or other scientific tests and techniques that are used in connection with the identification of human remains or persons, and (
c)if possible, the generation of a DNA profile of a person from the sample taken from those remains or from that person; “FSI” means Forensic Science Ireland of the Department of Justice; “Identification Programme” shall be construed in accordance with section 46 ; “institution” means a current or former residential facility (howsoever described) for adults or children, or both, in respect of which a public body has or had a relevant role; “land” has the same meaning as it has in the Act of 2000; “local authority” has the same meaning as it has in the Local Government Act 2001 ; “market value” has the same meaning as it has in the Courts (Supplemental Provisions) Act 1961 ; “member of staff of FSI” means an officer of the Minister for Justice who is assigned to perform duties in FSI; “Minister” means the Minister for Children, Equality, Disability, Integration and Youth; “nominee” means— (
a)in relation to a relevant person, a person who consents, in the prescribed form, to act as a nominee under section 49 and who has not withdrawn his or her consent under that section, and (
b)in relation to an applicable person, a person who consents to act as a nominee having been nominated by an applicable person at the time of giving a sample referred to in section 51 and who has not withdrawn his or her consent under section 53 ; “occupier” means, in relation to land, a person, other than the owner, who is in or is entitled to be in lawful possession of the land; “Office” has the meaning assigned to it by section 12

(1); “Oversight Committee” means the DNA Database System Oversight Committee; “owner” means, in relation to land, a person who holds the highest freehold or leasehold estate or interest in the land; “personal data” has the same meaning as it has in the Data Protection Regulation; “Personal Information (Historic Remains) Database” shall be construed in accordance with section 63

(1)(b); “post-recovery analysis” has the meaning assigned to it by section 35

(2); “prescribe” means prescribe by regulations; “principal burial land” means land— (

a)associated with an institution where burials have taken place— (
i)of persons who died while resident at the institution, and (
ii)which were manifestly inappropriate, and (
b)which is the subject of an order made by the Government under section 7 ; “processing” has the same meaning as it has in the Data Protection Regulation; “public body” means— (
a)a Minister of the Government, (
b)the Director of the Comptroller and Auditor General, (
c)the Director of the Ombudsman established by section 2 of the Ombudsman Act 1980 , (
d)a local authority, or (
e)a body (other than a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act) established by or under any enactment; “register” has the meaning assigned to it by section 45

(1); “related activities” means, in relation to ancillary land— (

a)using that land for the purpose of accessing principal burial land or ancillary burial land, or both, as the case may be, and (
b)carrying out such works on that land as are necessary for the purposes of facilitating relevant works on the principal burial land or ancillary burial land, or both, as the case may be; “relevant Minister” shall be construed in accordance with subsection

(4); “relevant person” means a person who has been notified by a Director under section 48 or section 81

(7)that he or she may participate in an Identification Programme and who has not withdrawn from participation under section 48 ; “relevant residential land” means a portion of land in residential use which does not— (

a)extend further than 2 metres from the boundary of the land, and (
b)encroach on any part of a dwelling situate on the land; “relevant role” shall be construed in accordance with subsection

(3); “relevant works” means any work on principal burial land or ancillary burial land, as the case may be, which is necessary for the performance of the functions of a Director; “sample” means a sample taken under this Act and— (

a)in relation to a living person, means a biological sample taken from the person, and (
b)in relation to human remains, means a sample of biological material taken from those remains; “special categories of personal data” has the same meaning as it has in the Act of 2018; “unidentified human remains index” shall be construed in accordance with section 63

(1)(a)(i).

(2)A reference to a DNA profile comparison is a reference to the comparison of— (

a)the DNA profile of a relevant person or an applicable person, as the case may be, entered in the family members’ index of the DNA (Historic Remains) Database and the DNA profile of a person entered on the human remains index of that Database for the purposes of ascertaining that there is a familial link, that can be indicated statistically, between the 2 persons, or (
b)the DNA profile of a person entered on the human remains index of the DNA (Historic Remains) Database with the DNA profile of another person entered in that human remains index of that Database for the purposes of ascertaining whether the DNA profiles relate to the same person.

(3)A public body shall be considered to have, or to have had, a relevant role in relation to an institution where the body performs or performed any functions in relation to the institution, including by— (

a)operating the institution, (
b)engaging another person to operate the institution on behalf of the body, (
c)inspecting or regulating the institution, or (
d)funding, in whole or in part, the institution.

(4)A relevant Minister means a Minister of the Government— (

a)who has or had a relevant role in relation to the institution, (
b)within whose remit lies or lay responsibility for another public body which has or had a relevant role in relation to the institution, or (
c)whom the Taoiseach considers is best placed, having regard to the remit of that Minister’s Department and the nature of the institution concerned, to be the relevant Minister for the purposes of this Act. Expenses 3. The expenses incurred by the Minister and a relevant Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Service of documents 4.

(1)Subject to subsection

(3), a notice or other document that is required or authorised by or under this Act to be served on or given to a person shall be addressed to the person concerned by name and may be so served on or given to the person in one of the following ways: (

a)by delivering it in person; (
b)by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (
c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; (
d)by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner.

(2)For the purposes of this section, a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

(3)Where a notice or other document is required or authorised by or under this Act to be served on or given to the owner or occupier of land and the name of the owner or of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him, her or it. Offences and penalties 5.

(1)A person who, without lawful excuse, interferes with or obstructs a Director or his or her servant or agent in carrying out relevant works or related activities shall be guilty of an offence.

(2)A person who uses a sample taken or treated as having being taken, or a DNA profile generated, under this Act for a purpose other than a purpose authorised by this Act shall be guilty of an offence.

(3)A person who is guilty of an offence under this section or section 30

(2)is liable on summary conviction to a class A fine or imprisonment for a period not exceeding 12 months, or both. Regulations and orders 6.

(1)An order or regulation under this Act may contain such incidental, supplementary and consequential provisions as the Minister, or in the case of a regulation under section 79 , a relevant Minister, or in the case of an order under section 7 , the Government, considers necessary or expedient for the purposes of the order or regulation, as the case may be.

(2)Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3)Where the Government propose to make an order under section 7 , a draft of the proposed order and a statement of the reasons for making the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving the draft has been passed by each House of the Oireachtas. PART 2 Chapter 1 Directors of Authorised Interventions Government Order directing establishment of Office of Director of Authorised Intervention 7.

(1)Subject to subsection

(2), the Government may, from time to time, having considered a proposal made by a relevant Minister with the consent of the Minister for Public Expenditure and Reform, by order— (

a)direct the relevant Minister, in accordance with section 9 , to establish an Office of Director of Authorised Intervention (in this Act referred to as a “Director”)— (
i)for such period as the relevant Minister may by order specify under that section, and (
ii)to perform the functions set out in paragraphs (
a)to (
k)of section 10 and any additional functions specified under paragraph (b), (
b)specify such additional functions (if any), set out in paragraph (
l)of section 10 , as they consider appropriate to be performed by the Director, and (
c)identify, by reference to a map appended to the order, the land in respect of which the Director may perform his or her functions.

(2)The Government may make an order under subsection

(1)where— (a) they are satisfied as to the matters set out in subsection

(3), (b) none of the circumstances set out in subsection

(4)apply, (c) they have not formed the view set out in subsection

(5), and (d) a resolution approving the draft order has been passed by each House of the Oireachtas in accordance with section 6

(3).

(3)The Government may make an order under subsection

(1)where they are satisfied that— (

a)on land associated with an institution, burials have taken place— (
i)of persons who died while resident at the institution, and (
ii)which, having regard to the matters specified in section 8

(1), were manifestly inappropriate, (

b)works to be conducted on the land by the Director in the performance of his or her functions would not extend within the curtilage or 10 metres (whichever is the lesser) of any dwelling on the land, and (
c)having regard to the consideration specified in section 8

(3), the making of the order is necessary for the purposes of safeguarding important objectives of general public interest.

(4)The Government shall not make an order under subsection

(1)where— (

a)there is an ongoing investigation by the Garda Síochána into the circumstances surrounding human remains found on the land and the Government, having consulted with the Garda Commissioner, is of the view that the making of an order is premature pending the outcome of that investigation, (
b)there is an ongoing inquest by a coroner under the Act of 1962 into the circumstances surrounding human remains found on the land and the Government, having consulted with the coroner concerned, is of the view that the making of an order is premature pending the outcome of that inquest, (
c)the land— (
i)comprises, in whole or in part, a burial ground for the purposes of section 44 of the Local Government (Sanitary Services) Act 1948 , or (
ii)could not be excavated without disturbing appropriately buried human remains that the Government consider, in all the circumstances, should not be recovered, (
d)recovery of human remains from the land would be unsafe or unreasonably difficult, (
e)evidence is available that the last known burial in the land was carried out before 1 January 1922, or (
f)to do so would obstruct or interfere with— (
i)an official or legal inquiry, investigation or process, or (
ii)proceedings pending or due before a court, a tribunal of inquiry established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011 or a commission of investigation established under the Act of 2004.

(5)The Government may refuse to make an order under subsection

(1)where other substantive reasons exist which cause the Government to form the view that memorialisation of the burials on the land, without further intervention, is more appropriate.

(6)Subject to section 6

(3), the Government may from time to time, having considered a proposal made by a relevant Minister with the consent of the Minister for Public Expenditure and Reform, having regard to any information which a Director provides to the relevant Minister, by subsequent order amend an order made under subsection

(1)or under this subsection to do any or all of the following: (

a)direct that certain functions set out in paragraphs (
a)to (
k)of section 10 shall not be performed by the Director; (
b)direct that additional functions set out in paragraph (
l)of section 10 and specified in that order shall not be performed by the Director; (
c)specify additional functions, set out in paragraph (
l)of section 10 , to be performed by the Director; (
d)amend, by reference to a map appended to the order, the land in respect of which the Director may perform his or her functions. Manifestly inappropriate burials and safeguarding important objectives of general public interest 8.

(1)The matters referred to in section 7

(3)(a)(

ii)are whether, in relation to the burials concerned, the human remains— (
a)are uncoffined, (
b)are buried in such a manner that they would not have complied with the requirements, at the time of such burial, specified in the Burial Grounds Regulations, (
c)are buried in a way that would not reasonably be considered to provide a dignified interment, or (
d)are buried collectively and in a manner or in a location that is repugnant to common decency and would reasonably have been so considered at the time the burials took place.

(2)For the purposes of subsection

(1), regard shall be had to available evidence including— (

a)any expert technical reports or other reliable information in respect of the condition, location and age of the burials concerned, and (
b)any reliable and corroborated statement made by a person with knowledge of the circumstances and location of the burials concerned.

(3)In determining whether the making of an order under section 7

(1)is necessary for the purposes of safeguarding important objectives of general public interest, the Government shall consider whether the proposed intervention is proportionate having regard to— (

a)public health, (
b)the need to accord dignity to persons buried in the land, (
c)the need to respect the views of the relatives of persons buried in the land, (
d)the potential impact on the land concerned, including the potential impact on— (
i)residents whose dwellings adjoin the land, and (
ii)archaeological features (if any) of the land, (
e)the social and economic interests of the State, and (
f)alternative options (if any) available to accord dignity to persons buried in the land.

(4)In this section, “Burial Grounds Regulations” means the Rules and Regulations for the Regulation of Burial Grounds 1888, & c, dated 6th July, 1888. Director of Authorised Intervention 9.

(1)A relevant Minister shall, as soon as practicable but in any event no later than 6 months after the date of a Government order under section 7

(1), by order establish an Office of Director and the order shall specify— (

a)the period of time for which the office shall continue in operation (in this section referred to as the “initial period”), and (
b)a title, by reference to the principal burial land or the institution associated with that land, by which the Director shall be called and known.

(2)A relevant Minister may by order extend, for such period or further periods as he or she considers appropriate, the period of time for which an office established under subsection

(1)shall continue in operation— (

a)in the case of the first period of extension, before the expiry of the initial period, and (
b)in the case of a second or subsequent period of extension, before the expiry of the period of time specified in the most recent order made under this subsection.

(3)A Director shall be a corporation sole and— (

a)notwithstanding any casual vacancy in the office from time to time, shall have perpetual succession and an official seal, and (
b)the Schedule shall have effect in relation to the Director.

(4)Subject to subsection

(5), section 11

(3)and section 20 , on or after the making of an order under subsection

(1),the relevant Minister shall, with the consent of the Minister for Public Expenditure and Reform, appoint a person to be a Director for such period not exceeding the initial period, and upon and subject to such terms and conditions (including terms and conditions in relation to remuneration, allowances and superannuation), as may be determined by the relevant Minister with the consent of the Minister for Public Expenditure and Reform.

(5)A period of appointment under subsection

(4)may, with the consent of the Director concerned, be extended and the period of extension shall not exceed the initial period or, if the period of operation of the Office stands extended or further extended by order under subsection

(2), that period as so extended or further extended.

(6)Where a relevant Minister makes an order under section 98

(2)in relation to an office— (

a)the Office shall cease to be in operation on the day appointed as the dissolution day in that order, and (
b)the appointment of a Director under subsection

(4)or extension of such appointment under subsection

(5)shall also cease on that day.

(7)A Director shall perform the functions conferred on him or her by or under this Act and shall be assisted in the performance of those functions by members of staff of the Director.

(8)A Director may designate in writing a member of staff of the Director to perform the functions of the Director in his or her absence or, where the position of Director is vacant, the relevant Minister may so designate in writing, and the member so designated shall, during the period of such absence or vacancy, perform those functions and a reference in this Act to a Director, in so far as it relates to those functions, shall be taken to include a reference to the member so designated during any such period.

(9)A Director shall be responsible to the relevant Minister for the performance of his or her functions.

(10)Where a Director resigns, is removed from office or ceases to hold office in accordance with section 11 , the relevant Minister may, in the same manner and subject to the same conditions as the Director who occasioned the vacancy was appointed, appoint a person to be the Director to fill that vacancy. Functions of Director 10. Subject to section 7

(6), the functions of a Director are: (

a)to manage and control generally the staff, administration and business of the Office; (
b)having obtained the necessary consents or court orders referred to in paragraph (d), to— (
i)identify the expertise required to assist him or her in performing his or her functions, and engage, under section 19 , the services of persons with that expertise, (
ii)arrange for the forensic excavation and recovery of human remains buried in, having regard to the matters set out in section 8

(1), a manifestly inappropriate manner on principal burial land, (iii) arrange for the post-recovery analysis of human remains after forensic excavation and recovery of those remains, (

iv)arrange for the carrying out of remedial works to the land on completion of the recovery of human remains from the land, and (
v)arrange for the conducting of any necessary works related to subparagraphs(
ii)to (iv); (
c)to make final arrangements for human remains recovered from principal burial land; (
d)where necessary, to seek the consent of the owner and occupier, or apply to court for an order under section 86 , to enable the Director to carry out such works on the principal burial land as are necessary for the performance of his or her other functions; (
e)where necessary, to seek the consent of the owner and occupier of ancillary burial land to the performance by the Director of functions, equivalent to the functions he or she has in relation to the principal burial land, over that ancillary burial land; (
f)where necessary, to seek the consent of the owner and occupier of ancillary land to the Director carrying out related activities on that land; (
g)where the consent of an owner or occupier referred to in paragraph (
e)or (
f)is not given, to apply to court for an order under section 88 or 90 ,as the case may be; (
h)having obtained the necessary consents or court orders— (
i)to perform functions, equivalent to the functions he or she has in relation to the principal burial land, in relation to the ancillary burial land, and (
ii)to carry out related activities on ancillary land; (
i)where applicable, to agree compensation under Part 5 ; (
j)to provide regular updates on the performance of his or her functions to persons who consider that they are related to persons thought to be buried in principal burial land and, where applicable, ancillary burial land; (
k)to provide information, where he or she considers it appropriate to do so, relating to the performance of his or her functions to other stakeholders and to the public; (
l)where the Government specify in an order under section 7 , any of the following functions: (
i)arranging for forensic excavation and recovery of other human remains buried in principal burial land which are not buried in a manifestly inappropriate manner but which the Government consider should, in all the circumstances, also be recovered; (
ii)carrying out an Identification Programme in accordance with Part 4 ; (iii) such other functions as the Government considers are reasonably required for the purposes of enabling the Director to perform— (I) any of the functions referred to in paragraphs (
a)to (k), and (II) the functions referred to in subparagraph (
i)or (
ii),or both, where specified in the order. Resignation, removal or disqualification of Director or person to be appointed Director 11.

(1)A Director may resign from office by giving notice in writing to the relevant Minister and the resignation shall take effect one month from the date on which the relevant Minister receives the notice.

(2)A Director may be removed from office by the relevant Minister for stated reasons.

(3)A person shall not be eligible for appointment as Director and shall cease to hold office as Director if he or she— (

a)is sentenced by a court of competent jurisdiction to a term of imprisonment, (
b)is convicted on indictment of an offence, (
c)is convicted of an offence involving fraud or dishonesty, (
d)has a declaration made against him or her under section 819 of the Act of 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (
e)is subject to, or is deemed to be subject to, a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014 whether by virtue of that Chapter or of any other provision of that Act. Office of Director and staff of Director 12.

(1)There shall be attached to a Director an office (in this Act referred to as the “Office”) which shall assist the Director in the performance of his or her functions.

(2)The Office shall be under the management and control of the Director.

(3)Subject to subsections

(5)and

(6), a Director may, subject to the approval of the relevant Minister given with the consent of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of staff of the Director for such period and on such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) and at such grade as the Director may determine.

(4)Subject to subsections

(5)and

(6), a Director may, with the consent of the relevant Minister, the Minister for Public Expenditure and Reform and the public body concerned, second a member of staff of a public body with his or her consent to be a member of staff of the Director for the duration of the secondment.

(5)A person shall not be appointed to be a member of staff under subsection

(3)or seconded under subsection

(4)for a period exceeding the initial period.

(6)The period of appointment or secondment, as the case may be, may, with the consent of the member of staff concerned and, in the case of a member standing seconded, with the consent of the public body from which he or she stands seconded, be extended but the period of extension shall not exceed— (a) the initial period, or (b) if the period of time for which the office is to continue in operation stands extended or further extended by order under section 9

(2), that period as so extended or further extended.

(7)Where a relevant Minister makes an order under section 98

(2), an appointment or secondment, or extension of such appointment or secondment, as the case may be, under this section shall cease on the day appointed as the dissolution day in that order.

(8)In this section, “initial period” has the same meaning as it has in section 9 . Advisory Board 13.

(1)A relevant Minister shall, as soon as practicable after the making of a Government order under section 7

(1), establish a board (in this Act referred to as an “Advisory Board”) to provide advice and guidance to the Director concerned in the performance of his or her functions.

(2)Subject to subsection

(3), a Director may, where he or she considers it appropriate to do so, seek the advice and guidance of an Advisory Board in the performance of his or her functions.

(3)A Director shall seek the advice and guidance of an Advisory Board prior to performing functions of the Director— (

a)specified in paragraphs (b), (c), (
j)and (
k)of section 10 , and (
b)under subparagraphs (
i)and (ii), and (iii) (in so far as those functions relate to functionsunder paragraphs (b), (c), (
j)and (k)), of paragraph (
l)of section 10 to be performed by the Director in accordance with an order made under section 7 .

(4)The members of an Advisory Board referred to in paragraphs (a) and (b) of section 14

(1)may, at the request of a Director, form a sub-committee of the Board for the purposes of providing specific technical advice and guidance to the Director having regard to those members’ particular professional expertise in relation to the functions of the Director.

(5)Subject to subsections

(6)and

(7), an Advisory Board shall hold such and so many meetings as may be necessary for the due performance of its functions.

(6)An Advisory Board shall, in each year, hold not less than one meeting in each 3 month period with a Director and the Director shall, at those meetings, provide the Board with an update on the performance of his or her functions.

(7)An Advisory Board shall, when requested to do so by a Director, meet with the Director for the purposes of performing its function under subsection

(3).

(8)A relevant Minister shall fix the date, time and place of the first meeting of an Advisory Board.

(9)At a meeting of an Advisory Board, the chairperson shall, if present, be chairperson of the meeting and if and so long as the chairperson is not present or if the office of chairperson is vacant, the members of the Board present shall choose one of their members to act as chairperson.

(10)Subject to subsection

(11), the quorum for a meeting of an Advisory Board shall be 4.

(11)Where an Advisory Board is comprised, in accordance with section 14

(4), of fewer than 6 members, the quorum for a meeting of the Board shall be determined by the relevant Minister.

(12)Subject to this Act, the chairperson of an Advisory Board shall regulate the procedures of the Board.

(13)Nothing in this section shall be construed as entitling a member of an Advisory Board to receive, as compelling a Director to give to the Board or as allowing a Board to discuss, 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. Membership of Advisory Board 14.

(1)Subject to subsection

(4), an Advisory Board shall consist of 6 members, appointed in accordance with section 15 , being— (

a)a chairperson, (
b)2 members having scientific expertise, (
c)a member being a person who is a member of staff of the local authority in which the principal burial land concerned is situate, (
d)a member being a person who considers that he or she is a family member of a deceased person believed to be buried in the principal burial land concerned, and (
e)a member being a former resident of the institution concerned.

(2)Where there is no person referred to in subsection

(1)(d) for appointment or suitable for appointment under section 15 but there is more than one former resident referred to in subsection

(1)(e) who is suitable for appointment under that section, the relevant Minister shall appoint a second former resident to be a member for the purposes of subsection

(1)(d).

(3)Where there is no former resident referred to in subsection

(1)(e) for appointment or suitable for appointment under section 15 but there is more than one person referred to in subsection

(1)(d) who is suitable for appointment under that section, the relevant Minister shall appoint a second person referred to in subsection

(1)(d) to be a member for the purposes of subsection

(1)(e).

(4)Subject to subsection

(5), a relevant Minister may determine that an Advisory Board shall consist of fewer than 6 members where he or she is of the view there are good reasons for so determining in particular having due regard to matters such as— (

a)the functions of the Director, (
b)the size of the principal burial land concerned and the complexity of the relevant works to be conducted on that land, (
c)the nature of the institution concerned, (
d)the absence of any living persons who consider that they are a family member of deceased persons believed to be buried in the principal burial land concerned, (
e)the absence of any living former residents of the institution concerned, (
f)the fact that there is no person referred to in subsection

(1)(

d)who is willing to be, and is suitable for appointment as, a member, and (
g)the fact that there is no former resident referred to in subsection

(1)(e) who is willing to be, and is suitable for appointment as, a member.

(5)Where a relevant Minister makes a determination under subsection

(4), there shall, at a minimum, be— (

a)a chairperson, and (
b)where there is a person or former resident referred to in paragraph (
d)or (
e)of subsection

(1)still living, a member or members referred to in each of those paragraphs or, where applicable in accordance with subsections

(2)and

(3), two members from among such persons or former residents, where the Minister considers the person or persons are suitable for appointment under section 15 . Appointment of members of Advisory Board 15. Subject to subsections

(2)and

(3)of section 14 , a relevant Minister shall appoint as a member of the Advisory Board referred to in subsection

(1)of that section— (

a)in the case of the chairperson, a person who is in the opinion of the relevant Minister suitably qualified being either a person who was a coroner in the State or a person having demonstrated expertise in coronial matters whether in the State or outside the State, (
b)in the case of the 2 members referred to in paragraph (
b)of that subsection, persons who are in the opinion of the relevant Minister suitably qualified having scientific expertise relevant to the functions of the Director, (
c)in the case of a member referred to in paragraph (
c)of that subsection, a person who is nominated by the Minister for Housing, Local Government and Heritage, and (
d)in the case of each member referred to in paragraph (
d)and (
e)of that subsection, a person who is in the opinion of the relevant Minister suitable for appointment. Terms and conditions of membership of Advisory Board 16.

(1)Each member of an Advisory Board shall act on a part-time basis subject to such terms and conditions (other than the payment of remuneration and allowances for expenses) as the relevant Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

(2)Each member of an Advisory Board shallbe paid by the Director, out of moneys provided to him or her, such remuneration (if any) and allowances for expenses (if any) as the relevant Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine.

(3)Subject to subsection

(4)and section 17 — (

a)a member of an Advisory Board shall hold office for such period, not exceeding the initial period (within the meaning of section 9 ), as the relevant Minister shall specify, and (
b)where the member’s term of office expires with the passage of time, his or her appointment may be extended from time to time by the relevant Minister— (
i)for such period as the relevant Minister shall specify, subject to the condition that a period of extension shall not exceed the initial period or, if the period of operation of the Office stands extended or further extended by order under section 9

(2), that period as so extended or further extended, and (ii) in the case of a member appointed under section 15 (c), without a further nomination by the Minister for Housing, Local Government and Heritage.

(4)Where a relevant Minister makes an order under section 98

(2), a member of an Advisory Board shall cease to hold office on the day appointed as the dissolution day in that order. Member ceasing to be member of Advisory Board 17.

(1)A member of an Advisory Board may resign from the Board by notice in writing to the relevant Minister and the resignation shall take effect on the date on which the relevant Minister receives the notice, or, if a date is specified in the notice and the relevant Minister agrees that the resignation shall take effect from the date specified, that date.

(2)A relevant Minister may at any time remove a member of an Advisory Board from office if, in the opinion of the Minister— (

a)the member has become incapable through ill-health of performing the functions of the office, (
b)the member has committed stated misbehaviour, or (
c)the member’s removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(3)Where a member of an Advisory Board dies, resigns, is removed from office or otherwise ceases to hold office— (

a)the casual vacancy arising shall be filled by a person appointed in the same manner as the member of the Board who occasioned the vacancy was appointed, and (
b)the person appointed to fill the casual vacancy shall hold office for that period of the term of office of the member who occasioned that vacancy that remains unexpired at the date of that person’s appointment, and may, in accordance with section 16

(3)(b), have his or her appointment extended. Ineligibility to become member of Advisory Board and disqualification to act as member 18. A person shall not be eligible for appointment, and shall cease to hold office, as a member of an Advisory Board if he or she— (

a)is convicted on indictment of an offence, (
b)is convicted of an offence involving fraud or dishonesty, (
c)has a declaration made against him or her under section 819 of the Act of 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (
d)is subject to, or is deemed to be subject to, a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014 whether by virtue of that Chapter or of any other provision of that Act. Power to appoint consultants and advisers and enter into contracts 19.

(1)A Director may, subject to the approval of the relevant Minister and the Minister for Public Expenditure and Reform, as he or she considers necessary to assist him or her in the performance of his or her functions— (a) subject to section 20

(4)and, where applicable, section35

(1), enter into contracts or arrangements with any person, and (b) subject to section 20

(3), appoint consultants or advisers.

(2)Subject to section 20

(2), a Director may, out of the resources at his or her disposal, pay such fees (if any) and allowances for expenses (if any) incurred by a person, consultant or adviser referred to in subsection

(1)as the Director may, with the consent of the relevant Minister, determine.

(3)The appointment of a person as a consultant or adviser shall be for such period and, subject to subsection

(2), subject to such terms and conditions as the Director concerned considers appropriate. Membership of either House of Oireachtas, European Parliament or local authority 20.

(1)Subsection

(2)shall have effect where a Director, a member of staff of a Director, a member of an Advisory Board, a person with whom a contract or an arrangement has been entered into under section 19 or a consultant or adviser appointed under that section is— (

a)nominated as a member of Seanad Éireann, (
b)elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (
c)regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, (
d)is elected or co-opted as a member of a local authority.

(2)Where this subsection has effect in accordance with subsection

(1)— (

a)in the case of a Director, member of staff (other than a member referred to in paragraph (c)), a member of an Advisory Board or a consultant or adviser appointed under section 19 , the person concerned shall cease to be Director, a member of staff, a member of an Advisory Board or a person so appointed, as the case may be, (
b)in the case of a person with whom a contract or an arrangement has been entered into under section 19 , the contract or arrangement concerned shall terminate, and (
c)in the case of a member of staff referred to in section 12

(4), the person concerned shall cease to be seconded to be a member of staff of the Director, and the person referred to in paragraph (a), (b) or (c), as the case may be, shall not be paid by, or entitled to receive any remuneration or allowances in respect of the period commencing on the nomination, election or co-option, or when he or she is regarded as having been elected, as the case may be.

(3)A person who, for the time being, is entitled under the Standing Orders of either House of the Oireachtas to sit therein, is a member of the European Parliament or is entitled under the standing orders of a local authority to sit as a member thereof, shall— (

a)be disqualified to act as a Director, (
b)not be appointed as, or seconded to be, a member of staff of a Director under section 12 , (
c)not be appointed as a member of an Advisory Board, and (
d)be ineligible for appointment as a consultant or adviser under section 19

(1)(b).

(4)A Director shall not enter into a contract or arrangement under section 19

(1)(a) with a person who, for the time being, is entitled under the Standing Orders of either House of the Oireachtas to sit therein, is a member of the European Parliament or is entitled under the standing orders of a local authority to sit as a member thereof.

(5)In this section, “Act of 1997” means the European Parliament Elections Act 1997 . Grants to Director 21. There may, subject to such conditions (if any) as a relevant Minister thinks proper, be paid to a Director, in each financial year out of moneys provided by the Oireachtas, a grant or grants of such amount or amounts as the relevant Minister may, with the consent of the Minister for Public Expenditure and Reform and after consultation with the Director in relation to his or her programme of work for that year, fix. Accounts 22.

(1)A Director shall keep, or cause to be kept, in such form as may be approved of by the relevant Minister, with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts (in this section referred to as “annual accounts”) of all money received or expended by him or her and, in particular, shall keep in such form as may be approved by the relevant Minister all such special accounts (if any) as the relevant Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time direct.

(2)Annual accounts shall be submitted by a Director, not later than 1 April in the year immediately following the financial year to which they relate or on such earlier date as the relevant Minister may from time to time specify, to the Comptroller and Auditor General for audit.

(3)A Director shall, as soon as practicable after the audit referred to in subsection

(2), present to the relevant Minister a copy of— (

a)the annual accounts, (
b)such other special accounts (if any) kept in accordance with this section, and (
c)the report of the Comptroller and Auditor General on the accounts.

(4)A relevant Minister shall cause copies of the accounts and report presented to him or her under subsection

(3)to be laid before each House of the Oireachtas as soon as practicable after such presentation. Annual report 23.

(1)Subject to subsections

(3)and

(4), not later than 30 June in each year, a Director shall prepare and adopt an annual report in relation to the performance of the functions of the Director during the immediately preceding calendar year.

(2)Notwithstanding subsection

(1), if, but for this subsection, the first report under this section would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 6 months after the end of that year.

(3)A draft of an annual report prepared under subsection

(1)shall be submitted by the Director to the Advisory Board for its consideration and the Board may submit observations in writing to the Director on the draft report within such period of time as is specified by the Director when submitting the draft to the Board.

(4)A Director shall consider any observations submitted to him or her by an Advisory Board in accordance with subsection

(3)before adopting the annual report.

(5)Subject to subsection

(6), without prejudice to the generality of subsection

(1), an annual report shall include— (

a)a statement of the activities undertaken by the Director, (
b)the name of each person the Director has— (
i)entered into a contract or arrangement with under section 19 , and (
ii)appointed as a consultant or adviser under that section, and (
c)such other information— (
i)as the Director considers appropriate to include, or (
ii)as the relevant Minister directs should be included, which may include financial statements.

(6)An annual report shall not contain confidential information (within the meaning of section 30

(5)).

(7)A Director shall, not later than 21 days after adopting the annual report, submit a copy of that report to the relevant Minister.

(8)A relevant Minister shall ensure that copies of the annual report are laid before each House of the Oireachtas as soon as may be after the relevant Minister receives the report.

(9)A Director shall, as soon as practicable after copies of the annual report are laid before the Houses of the Oireachtas, ensure that the report is published— (

a)on a website maintained by the Government, the relevant Minister or the Director, and (
b)if requested by the relevant Minister, in such other manner as he or she may specify. Accountability of Director to Public Accounts Committee 24.

(1)A Director shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on— (

a)the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account that the Director is required by this Act to prepare and which is subject to audit by the Comptroller and Auditor General, (
b)the economy and efficiency of the Director in the use of his or her resources, (
c)the systems, procedures and practices employed by the Director for the purpose of evaluating the effectiveness of his or her operations and the Office, and (
d)any matter affecting the Director referred to— (
i)in any special report of the Comptroller and Auditor General under section 11

(2)of the Comptroller and Auditor General (Amendment) Act 1993 , or (

ii)in any other report of the Comptroller and Auditor General (insofar as it relates to a matter specified in paragraph (a), (
b)or (
c)) that is laid before Dáil Éireann.

(2)In giving evidence under this section, a Director shall not question or express an opinion on the merits of— (

a)any policy of the Government or of a Minister of the Government, or (
b)the objectives of such a policy. Accountability of Director to other Oireachtas committees 25.

(1)Subject to subsection

(2), a Director shall, at the request in writing of a committee, attend before the committee to give account for the general administration of the Director.

(2)A Director is not required to give account before a committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(3)Where a Director is of the opinion that a matter in respect of which he or she is requested to give an account before a committee is a matter to which subsection

(2)applies— (

a)he or she shall inform the committee of the opinion and the reasons for it, and (
b)unless the information is conveyed to the committee at a time when the Director is before it, the information shall be conveyed in writing.

(4)Where a Director has informed a committee of his or her opinion in accordance with subsection

(3)and the committee does not withdraw the request referred to in subsection

(1)insofar as it relates to a matter the subject of that opinion— (a) the Director may, not later than 21 days after being informed by the committee of its decision not to withdraw the request, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection

(2)applies, or (b) the chairperson of the committee, on behalf of the committee, may make such an application, and the High Court shall determine the matter.

(5)Pending determination of an application under subsection

(4), a Director shall not attend before the committee to give account for the matter that is the subject of the application.

(6)If the High Court determines that the matter concerned is one to which subsection

(2)applies, the committee shall withdraw the request referred to in subsection

(1), but if the High Court determines that subsection

(2)does not apply, the Director concerned shall attend before the committee to give account for the matter.

(7)In the performance of his or her duties under this section, a Director shall not question or express an opinion on the merits of— (

a)any policy of the Government or of a Minister of the Government, or (
b)the objectives of such a policy.

(8)In this section, “committee” means a committee appointed by either House of the Oireachtas, a committee appointed jointly by both Houses of the Oireachtas or a subcommittee of either such committee, other than— (

a)the Committee on Members’ Interests of Dáil Éireann, (
b)the Committee on Members’ Interests of Seanad Éireann, and (
c)the Committee referred to in section 24 . Amendment of Schedule 13 to Taxes Consolidation Act 1997 26. Schedule 13 to the Taxes Consolidation Act 1997 is amended by the insertion of the following paragraph after paragraph 205: “

(206)A Director of Authorised Intervention under the Institutional Burials Act 2022.”. Chapter 2 Information sharing and data protection Information and documents to be made available to Director 27.

(1)A Director may, for the purposes of assisting him or her in performing his or her functions under this Act, by notice in writing request an information source to provide him or her with such information and documents, including information and documents containing personal data and special categories of personal data, as are specified in the notice and as are in the possession, control, power or procurement of the information source.

(2)A notice under subsection

(1)shall— (

a)identify the purpose for which the information and documents are required and for how long they will be retained, (
b)confirm that a copy only of the documents should be provided and specify the format in which those copies, and any information requested, is to be provided to the Director, (
c)confirm the safeguards in place in relation to the storage of the information and documents provided, and (
d)specify the time period within which the information and documents are to be provided by the information source to the Director.

(3)An information source shall comply with a notice under subsection

(1)within the time period specified in the notice or within such further time period as may be agreed in writing between the Director and the information source.

(4)A relevant Minister may, where he or she considers a person may have information or documents which are referred to in subsection

(1), by order designate the person as an information source to whom this section shall apply.

(5)In this section— “controller” has the same meaning as it has in Article 4 of the Data Protection Regulation; “information source” means— (

a)a Department of State, (
b)a public body who has or had a relevant role in relation to the institution, (
c)a person who is the holder, controller or processor, of information or documents relating to an institution, (
d)the Office of the Comptroller and Auditor General, (
e)the Office of the Ombudsman, (
f)a local authority, (
g)a religious organisation or community including but not limited to a diocese or parish of the Roman Catholic Church and a diocese or parish of the Church of Ireland, (
h)a body (other than a company) established by or under statute, or (
i)a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by— (
i)moneys provided, or loans made or guaranteed, by a Minister of the Government, (
ii)the issue of shares held by or on behalf of a Minister of the Government, or (iii) a company, a majority of the shares in which are held by or on behalf of a Minister of the Government, or (
j)a person designated by order under subsection

(4); “processor” has the same meaning as it has in Article 4 of the Data Protection Regulation. Application to District Court to compel production of information or documents 28.

(1)A Director may, on notice to an information source, apply to the District Court for an order under subsection

(2)where it appears to the Director that the information source has failed or is failing to comply or fully comply with a notice under section 27 within the time period specified in the notice or, if applicable, within such further time period as has been agreed in writing under subsection

(3)of that section.

(2)The District Court may, on hearing an application under subsection

(1), where it is satisfied that the information source concerned has failed or is failing to comply or fully comply with the notice concerned, make an order— (

a)requiring the information source, within such time period as is specified in the order, to comply or fully comply, as the case may be, with the notice, or (
b)amending the information or documents specified in the notice and requiring the information source, within such time period as is specified in the order, to comply with the notice as so amended.

(3)In this section, “information source” has the same meaning as it has in section 27 . Request for information contained in database and related records of Commission of Investigation into Mother and Baby Homes 29.

(1)A Director may, where necessary and proportionate for the performance by the Director of his or her functions under this Act, request the Child and Family Agency to disclose information, including personal data and special categories of personal data, contained in the database and related records.

(2)The Child and Family Agency shall comply with a request from a Director under subsection

(1).

(3)The Director may, for the purposes of performing his or her functions under this Act, process personal data and special categories of personal data disclosed to him or her pursuant to a request under subsection

(1).

(4)In this section— “Commission” means the commission of investigation established by the Order of 2015; “database” means the databases of residents of the institutions (specified in the Appendix to the terms of reference of the Commission set out in the Schedule to the Order of 2015) created by the Commission; “Order of 2015” means the Commission of Investigation (Mother and Baby Homes and certain related Matters) Order 2015 ( S.I. No. 57 of 2015 ); “related record” means— (

a)any evidence within the meaning of the Act of 2004 received by the Commission, (
b)any document created by or for the Commission within the meaning of section 43 of the Act of 2004, or (
c)a copy of any such evidence or document, from which information was obtained for the purpose of creating the database. Prohibition on disclosure of confidential information 30.

(1)Subject to subsections

(3)and

(4)— (

a)a specified person shall not, at any time, unless he or she is required or permitted by law or duly authorised in writing by a Director, disclose confidential information obtained by the person while performing his or her functions under this Act or pursuant to an appointment made, or a contract or arrangement entered into, under section 19 , (
b)a person who is or was a member of staff of FSI shall not, at any time, unless he or she is required or permitted by law or duly authorised in writing by the Director of FSI, disclose confidential information obtained by the person while performing his or her functions as a member of staff of FSI under this Act, (
c)a person who is or was a member of the Oversight Committee shall not, at any time, unless he or she is required or permitted by law or duly authorised in writing to do so by the Oversight Committee, disclose confidential information obtained by the person while performing his or her functions as a member of that Committee under this Act, and (
d)a person who provides or provided services, or is or was engaged as a consultant or adviser to the Oversight Committee, in accordance with section 69 in relation to functions of that Committee under this Act, shall not, at any time, unless he or she is required or permitted by law, or duly authorised in writing to do so by the Oversight Committee, disclose confidential information obtained by the person while providing such services or being so engaged.

(2)A person who intentionally or recklessly contravenes subsection

(1)is guilty of an offence.

(3)Nothing in subsection

(1)shall prevent the disclosure of information by a specified person in the course of the performance of his or her functions— (

a)under this Act, or (
b)pursuant to an appointment made, or a contract or arrangement entered into, under section 19 .

(4)Nothing in subsection

(1)shall prevent the disclosure of information by a person referred to in paragraph (

b)or (
c)of that subsection in the course of the performance of his or her functions under this Act.

(5)In this section— “confidential information” includes information— (

a)that is expressed by the Director to be confidential either as regards particular information or as regards information of a particular class or description, (
b)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, (
c)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, (
d)given by a relevant person for the purposes of his or her participation in an Identification Programme, or (
e)which reveals the results of a DNA profile comparison by reference to an identifiable relevant person or an identifiable applicable person; “specified person” means— (
a)a member of staff of a Director, (
b)a member of an Advisory Board, (
c)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, (
d)an adjudicator, or (
e)a person who has acted in a capacity referred to in any of paragraphs (
a)to (d). Processing of personal data and special categories of personal data 31. Subject to this Act and such regulations (if any) which may be made under section 32 , a person may process personal data and special categories of personal data, in accordance with the Data Protection Regulation and the Act of 2018, for the purposes of the performance of the functions of the Government, the Director, an Advisory Board, FSI, a Minister of the Government, the Oversight Committee or an adjudicator, as the case may be, under this Act. Regulations for purposes of data protection 32. The Minister may for the purposes of this Act, prescribe by regulations: (
a)suitable and specific measures, including measures set out in section 36

(1)of the Act of 2018, for the processing of personal data and special categories of personal data; (

b)where the processing involves data relating to the health of a data subject, additional measures to be taken to safeguard the processing of that data; (
c)the period of time during which personal data or special categories of personal data may be processed. PART 3 Forensic excavation and recovery and post-recovery analysis of human remains and suspension of relevant works Proceeding with relevant works and related activities: access to land 33. A Director may proceed with relevant works on principal burial land and, if applicable, on ancillary burial land, and with related activities on ancillary land in accordance with section 83 . No exhumation under Local Government (Sanitary Services) Act 1948 while relevant works underway 34. No licence for the exhumation of human remains located in principal burial land or ancillary burial land may be granted under section 46 of the Local Government (Sanitary Services) Act 1948 in respect of that land during the period commencing on the date of the making of a Government order under section 7

(1)and ending when relevant works are completed. Forensic excavation and recovery and post-recovery analysis of human remains 35.

(1)A Director shall ensure that a contract or arrangement made under section 19 for the forensic excavation and recovery of human remains and post-recovery analysis is made with an appropriately qualified person and shall require the person perform the activity concerned in accordance with— (

a)international standards and best practice applicable to such activity, and (
b)where that person is a member of a class of professionals engaged in that activity, any regulatory requirements governing the profession and having regard to any standards and relevant guidelines applicable to the activity of the profession concerned.

(2)A Director shall arrange for the forensic excavation and recovery of human remains and, on completion of that recovery, he or she shall arrange for the carrying out of a process (in this Act referred to as “post-recovery analysis”) consisting of— (

a)where the remains of more than one person are co-mingled, the sorting of the remains into individual sets of remains as far as possible, (
b)that part of forensic testing involving the examination and analysis of, and the carrying out of biochemical or other scientific tests and techniques on, the remains to establish— (
i)the condition of the remains, (
ii)if possible, a biological profile (including the sex, age at death and any other identifying characteristics) of the person to whom the remains relate, (iii) if possible, the circumstances and cause of death, and (
iv)any other information that can be extracted relating to the remains concerned, and (
c)subject to subsection

(3), the preparation of a general report documenting— (

i)the circumstances of the discovery of the human remains in the land concerned, (
ii)the forensic excavation and recovery of those human remains, (iii) the outcome of the activities referred to in paragraph (b), and (
iv)whether a notification was made under subsection

(2)of section 36 to a member of An Garda Síochána and the coroner referred to in that subsection and, if so, whether the evidence related to subsection

(1)(

a)or (
b)of that section.

(3)Nothing in the report referred to in subsection

(2)(c) shall contain details that are likely to lead to the identification of individual human remains.

(4)A Director shall, as soon as practicable after the completion of a report prepared under subsection

(2)(c), cause the report to be published on a website maintained by the Government, the relevant Minister concerned or the Director. Obligation to notify An Garda Síochána and coroner of certain evidence 36.

(1)This section applies where, during the course of carrying out the activities referred to in section 35

(2)(b), evidence emerges that human remains— (

a)were buried in the principal burial land or ancillary burial land, as the case may be, following death in violent or unnatural circumstances, or (
b)are not those of a person or persons who died while resident at the institution concerned.

(2)A Director shall, without delay, notify a member of An Garda Síochána and the coroner within whose district the human remains are located, where evidence referred to in subsection

(1)emerges.

(3)On being notified under subsection

(2), the coroner concerned may either— (

a)confirm to the Director that he or she can proceed with relevant works on the principal burial land or ancillary burial land, or both, as the case may be, subject to such conditions or directions, or both, as may be specified by the coroner, or (
b)where he or she considers it necessary for the purposes of making a determination as to the cause of death, direct the Director concerned to suspend relevant works on the principal burial land or ancillary burial land, or both, as the case may be.

(4)A Director shall comply with conditions or directions, or both, as the case may be, specified by a coroner under subsection

(3). Principal burial land or ancillary burial land as crime scene 37.

(1)Where, following a determination by a coroner of the cause of death referred to in section 36 , a direction is issued under section 5 of the Act of 2006 designating the principal burial land or ancillary burial land on which the human remains were discovered a crime scene, the member of An Garda Síochána who issues that direction shall, at the same time, direct the Director in writing to suspend the relevant works on that land for the period specified in the direction.

(2)Where a direction is issued under section 5 of the Act of 2006, that section shall apply subject to the following modifications— (a) the reference in subsection

(7)of that section to 24 hours shall be construed as a reference to 7 days, (b) the reference in subsection

(9)of that section to 48 hours shall be construed as a reference to 14 days, (c) the reference in subsection

(12)(

a)of that section to the occupier of the place shall be construed as a reference to the Director, (
d)subsection

(12)(

b)of that section shall not apply, (
e)a reference in subsection

(14)of that section to the purpose of protecting the interests of the occupier or owner of the place which is the subject of the order shall be construed as a reference to the purpose of protecting the interests of the Director in performing his or her functions in relation to the land which is the subject of the order, (f) a reference in subsection

(18)of that section to the owner or occupier of the place shall be construed as a reference to the Director, and (g) any other necessary modifications.

(3)In this section, “Act of 2006” means the Criminal Justice Act 2006 . Obligation to provide certain information where criminal investigation being conducted 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. Resumption of relevant works after suspension under section 36 or 37 39. A Director may resume relevant works on principal burial land or ancillary burial land, or both, as the case may be, after a suspension of such works under section 36 or 37 — (
a)where he or she has been given a direction by a coroner under section 36

(3)(b), upon being notified by the coroner that he or she may do so, or (b) where applicable, following the expiration of a period of suspension specified in a direction given pursuant to section 37

(1). PART 4 Identification of human remains and related provisions in respect of samples and DNA profiles Chapter 1 Preliminary and General (Part 4) Interpretation (Part 4) 40. In this Part— “authorised person” has the meaning assigned to it by section 41 ; “capacity” has the same meaning as it has in the Assisted Decision-Making (Capacity) Act 2015 ; “non-intimate sample” means a sample of saliva taken, or to be taken, from a person; “related information” means the information referred to in subparagraph (i) or (ii) of section 63

(1)(b); “stated wishes” means— (a) in respect of a spouse or a civil partner referred to in section 42

(1)(d), the wishes of the spouse or civil partner referred to in that provision and entered in the register, (b) in respect of an eligible family member who does not become a relevant person, the wishes of that family member referred to in section 42

(1)(b)(iii) and entered in the register, (c) in respect of a relevant person, the wishes of the relevant person stated to a Director pursuant to information furnished under section 48

(3)(d), and (d) in respect of an applicable person, the wishes (if any) of the applicable person, stated at the time of giving a sample referred to in section 51 , as to the final arrangements for recovered human remains in respect of which a familial link is established should he or she die or become incapacitated before such arrangements are made. Authorised person 41. A Director may authorise a suitably qualified person (in this Part referred to as an “authorised person”) to take samples from human remains or from relevant persons, or from persons for the purposes of elimination under this Part. Chapter 2 Identification Programme Promotion measures and information campaign: Identification Programme 42.

(1)A Director shall, in accordance with subsection

(2), take such measures, including by holding a public information campaign, as he or she considers appropriate to promote awareness among members of the public, and in particular, members of the public who may have a connection with the institution to which an Identification Programme relates, of the following: (

a)the fact that the Programme is to be undertaken and the purpose of the Programme; (
b)that an eligible family member may, within such period of time as shall be specified by the Director in the measure concerned, notify the Director of— (
i)his or her interest in participating in the Programme, (
ii)in accordance with section 43 , his or her objection to the participation of another eligible family member in the Programme, or (iii) his or her interest in being the person to whom any identified recovered human remains are returned in accordance with section 57 and his or her wishes as to the final arrangements for those remains should he or she die or become incapacitated before such arrangements are made; (
c)that where an eligible family member notifies the Director of his or her interest in participating in the Programme in accordance with paragraph (b)(
i),he or she may also, at the same time, furnish a letter of non-objection to his or her participation from another eligible family member or members who would otherwise, in accordance with section 43 or 44 , be entitled to object to his or her participation; (
d)that a person who is a spouse or civil partner of a person whom the spouse or civil partner believes, on reasonable grounds, is buried in the principal burial land or ancillary burial land concerned, may, within such period of time as shall be specified by the Director in the measure concerned, notify the Director of his or her interest in being the person to whom any identified recovered human remains are returned in accordance with section 57 and his or her wishes as to the final arrangements for those remains should he or she die or become incapacitated before such arrangements are made; (
e)how a notification referred to in paragraph (
b)or (
d)can be made; (
f)the evidence, prescribed under section 80 , to be provided to enable the Director to satisfy himself or herself that a person is an eligible family member or a person referred to in paragraph (
d)in respect of a deceased person.

(2)A Director shall undertake the measures referred to in subsection

(1)— (a) where an order made under subsection

(1)of section 7 specifies that, in accordance with paragraph (

b)of that subsection, the functions of a Director includes carrying out an Identification Programme, as soon as practicable after his or her appointment under section 12 , and (
b)where an order subsequently made under section 7

(6)specifies that the functions of a Director includes carrying out an Identification Programme, as soon as practicable after the making of the order. Objection to participation by eligible family member in Identification Programme 43.

(1)An eligible family member is entitled to object to the participation in an Identification Programme of another eligible family member in accordance with subsections

(2)and

(3), and to have such objection considered by a Director for the purposes of section 48

(2)(b), where he or she— (

a)notifies the Director of his or her objection within the period of time specified by the Director under section 42 , and (
b)at the same time as notifying the Director of his or her objection, states the grounds for such objection.

(2)An eligible family member who is a child or parent of a deceased person may object to the participation of another eligible family member who is a child of the deceased person.

(3)An eligible family member who is a child, parent, sibling or half-sibling of a deceased person may object to the participation of another eligible family member who is a sibling, half-sibling, grandparent, grandchild, aunt, uncle, niece or nephew (whether of the whole blood or the half-blood), grandniece or grandnephew of the deceased person. Objection by parent, child or sibling to participation by another eligible family member in Identification Programme 44.

(1)In addition to what is provided for in section 43 , an eligible family member— (a) who is a parent or child of a deceased person is entitled to object, in accordance with subsection

(2), to the participation in an Identification Programme of another eligible family member, other than a parent, of the deceased person, and (b) who is a sibling of a deceased person is entitled to object, in accordance with subsection

(2), to the participation in an Identification Programme of another eligible family member, other than a parent or child, of the deceased person.

(2)An objection referred to in subsection

(1)may be made, and shall be considered by a Director for the purposes of section 48

(2)(

b),where— (
a)at any time prior to a determination under that section in respect of the participation referred to in subsection

(1), an eligible family member entitled to object under that subsection notifies the Director, in accordance with regulations made under section 80 , of the objection and the grounds for such objection, or (b) subsection

(4)applies, an eligible family member entitled to object under subsection

(1)notifies the Director of the objection and the grounds for such objection when contact is made or within such period thereafter as may be specified by the Director which period shall be prior to the making of a determination under section 48 in respect of such participation.

(3)Subsection

(4)applies where a Director— (a) receives a notification referred to in section 42

(1)(b)(

i)from an eligible family member, other than a parent, of a deceased person, and (
b)either— (
i)does not receive either— (I) a notification referred to in that section from another eligible family member who is a parent, child or sibling of the same deceased person, or (II) a letter of non-objection referred to in section 42

(1)(

c)from that other eligible family member referred to in clause (I), or (
ii)receives both a notification of objection referred to in section 42

(1)(b)(ii) to that person’s participation from another eligible family member who is a parent, child or sibling of the same deceased person and a letter of non-objection referred to in section 42

(1)(c) from that same eligible family member in respect of the same person in respect of whom he or she has made the notification of objection.

(4)A Director shall— (a) where the circumstances referred to in subsection

(3)(b)(i) apply in respect of another eligible family member referred to in clause (I) of that provision, make reasonable efforts, in accordance with such procedures as are prescribed under section 80 , to contact that other eligible family member and ascertain whether he or she wishes to object to the participation in an Identification Programme of the eligible person referred to in subsection

(3)(a) and have such objection considered by the Director for the purposes of section 48

(2)(b), and (b) where the circumstances referred to in subsection

(3)(b)(ii) apply, make reasonable efforts to contact the other eligible family member who made both a notification of objection and furnished a letter of non-objection, to ascertain which is to take precedence.

(5)Where a Director is unable to contact an eligible family member referred to in subsection

(4)(b), a notification of objection made by that member shall be entered in the register in accordance with section 45 or, if already entered in the register, remain in the register and the letter of non-objection shall be disregarded unless the letter post-dates that notification, in which case the letter shall take precedence and the notification of objection of the member shall not be entered in the register or shall be removed from the register, as the case may be.

(6)A Director shall make the reasonable efforts referred to in subsection

(4)prior to making a determination under section 48 in respect of the eligible person referred to in subsection

(3)(a) who has made an application under that section.

(7)A Director may use evidence provided pursuant to the requirement referred to in section 42

(1)(f) for the purpose of making contact in accordance with subsection

(4). Register of notifications 45.

(1)Subject to subsection

(2), a Director shall, in accordance with subsection

(2)(

a)or (b), as applicable, of section 42 establish and maintain a register (in this Act referred to as a “register”) of notifications— (
a)referred to in subsection

(1)(

b)of that section and made by eligible family members within the period of time specified by the Director, (
b)referred to in subsection

(1)(

d)of that section and made by persons referred to in that provision within the period of time specified by the Director, and (
c)made in accordance with section 44 .

(2)A notification referred to in subsection

(1)shall not be entered in the register unless the Director is satisfied— (a) that the person making the notification is an eligible family member or person referred to in section 42

(1)(d), as the case may be, and (b) in the case of a notification of an objection, the eligible family member concerned is entitled to make the notification in accordance with section 43 or 44 , as the case may be.

(3)A register shall record, in respect of each eligible family member or person referred to in section 42

(1)(d), as the case may be, who has made a notification which is to be entered in the register, the following information: (

a)the name, contact details and the genetic relationship the person believes he or she has with the deceased person believed to be buried in the principal burial land or ancillary burial land concerned; and (
b)details of each notification referred to in section 42

(1)(b) or 44 made by an eligible person and of a notification made by a person referred to in section 42

(1)(d).

(4)A Director may, at his or her discretion, notwithstanding that a notification has not been made under section 42

(1)within the period of time specified by the Director under that section, accept a notification (other than a notification referred to in section 43 ) referred to in subsection

(1)after the period so specified and enter it on the register in accordance with this section.

(5)A person may, at any time, withdraw a notification made by him or her under section 42 or 44 and where an entry has been made in the register in respect of that notification, it shall be deleted as soon as practicable after receipt of the instructions to so withdraw. 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. Review of operation of Identification Programme 47.

(1)A Director may, from time to time on his or her own volition or at the request of a relevant Minister, review the ongoing operation of an Identification Programme and, having consulted the Advisory Board, may decide that that part of the Programme referred to in subparagraphs (ii) and (iii) of section 46

(2)(

c)should cease, having regard to any or all of the following matters: (
a)the DNA profiles generated by forensic testing of samples from human remains are not of a sufficient standard to enable DNA profile comparison; (
b)having regard to paragraph (a), the continued forensic testing of samples from human remains has a disproportionate impact on those remains; (
c)the number of relevant persons who are participating in the Programme; (
d)the scientific limitations on forensic testing and DNA profile comparison depending on the genetic relationship between relevant persons and human remains recovered.

(2)A Director shall, without undue delay, notify the relevant Minister and the Director of FSI in writing where the Director makes a decision under subsection

(1).

(3)A Director shall, within one week of notifying the relevant Minister under subsection

(2), publish that decision and the reasons for it on a website maintained by the Government, the relevant Minister or the Director. 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. Nominee of relevant person 49.

(1)A relevant person may nominate not more than 2 people whom the relevant person wishes to be notified under section 50

(4)of the outcome of a DNA profile comparison where— (

a)before the outcome is notified to him or her, he or she dies or becomes incapacitated, and (
b)there is, in respect of the deceased person whose DNA profile was the subject of that comparison, no other relevant person.

(2)Where a relevant person nominates more than one person who is willing to act as a nominee, the relevant person shall specify to the Director which of the persons nominated is to be the first nominee and which is to be the second nominee for the purposes of notification under section 50

(4).

(3)A Director shall seek the consent, in the prescribed form, of a person nominated under subsection

(1)and shall maintain a written record— (

a)of each person who has consented, in the prescribed form, to be a nominee of a relevant person, and (
b)if applicable, whom the relevant person has specified to be his or her first and second nominee.

(4)A nominee may, by notice in writing to the Director, withdraw his or her consent to act as a nominee and, on receipt of the notice, the Director shall delete the written record referred to in subsection

(3)in so far as it relates to that nominee and any personal data it holds relating to the nominee.

(5)On receipt of a notice under subsection

(4), the Director shall notify— (

a)the nominee of the deletion of the written record and personal data referred to in that subsection, and (
b)the relevant person that the nominee has withdrawn his or her consent to act as nominee and invite the relevant person, if desired, to make another nomination. 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. Chapter 3 Participation in Identification Programme of certain persons who give samples pursuant to administrative arrangements and who are not relevant persons Use of samples given pursuant to administrative arrangements in certain circumstances 51.

(1)This section applies to a sample of a person where— (

a)the sample is given voluntarily pursuant to administrative arrangements made by a relevant Minister— (
i)to ascertain whether the person is likely to be related, within a degree of relationship asserted by him or her, to another person whose remains are believed by the person giving the sample to be located in land associated with an institution, and (
ii)either before or after the coming into operation of this section, (
b)an Identification Programme is being conducted in relation to human remains recovered from the land, and (
c)that person dies or becomes incapacitated at any time after giving the sample and at the time of such death or incapacity either he or she has not made an application under subsection

(1)of section 48 or, where he or she has made an application, the Director has not made a determination under that section as to whether or not he or she may participate in the Programme.

(2)A sample referred to in subsection

(1)may be used where— (

a)the sample is used to generate a DNA profile of the person who gave the sample for the purposes of a DNA profile comparison to assist in establishing whether or not there is a familial link for the purpose of identifying the human remains recovered from the land, and (
b)the person, at the time of giving the sample, consented to its use for the purposes set out in paragraph (
a)in the event of his or her death or incapacity. Generation of DNA profile from sample referred to in section 51 52.

(1)A sample of a person (in this Act referred to as an “applicable person”) which is being used in accordance with section 51

(2), may only be forensically tested, and the DNA profile of the person generated from that testing included in the family members’ index, for the purposes referred to in that provision.

(2)A Director shall make the necessary arrangements to ensure a sample referred to in subsection

(1)is delivered to FSI.

(3)FSI shall forensically test a sample delivered to it under subsection

(2)and enter the DNA profile of the applicable person, generated from that testing, in the family members’ index. Nominee of applicable person 53.

(1)A Director shall, where an applicable person has at the time of giving a sample referred to in section 51 nominated one or 2 people whom the applicable person wishes to be notified of the outcome of a DNA profile comparison, maintain a written record of— (

a)each person who has consented to be a nominee of the applicable person, and (
b)if applicable, who the applicable person has specified to be his or her first and second nominee.

(2)A nominee may, by notice in writing to the Director, withdraw his or her consent to act as a nominee and, on receipt of the notice, the Director shall delete the written record referred to in subsection

(1)in so far as it relates to that nominee and any personal data the Director holds relating to the nominee.

(3)On receipt of a notice under subsection

(2), the Director shall notify the nominee of the deletion of the written record and personal data referred to in that subsection. Notification to nominee of applicable person as to whether or not familial link established 54.

(1)A Director may, in respect of an applicable 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)Where there is a nominee of an applicable person, 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, issue a notice under paragraph (a) or (b) of section 50

(3)in respect of the applicable person in accordance with subsection

(4).

(4)Subject to subsection

(5), a Director shall issue the notice referred to in subsection

(3)— (

a)to the first nominee, 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)A notice referred to in subsection

(3)shall only be issued to a nominee of an applicable person where there is, in respect of the deceased person from whose human remains a DNA profile was the subject of a DNA profile comparison (with the DNA profile of the applicable person), no relevant person. Use of sample referred to in section 51 where person providing sample participates in Identification Programme 55. Where a person who gave a sample referred to in subsection

(1)of section 51 does not die or become incapacitated as referred to in paragraph (c) of that subsection and he or she, having made an application to participate in the Identification Programme under subsection

(1)of section 48 , is notified by a Director under that section that he or she may participate in the Programme, the sample shall be treated as a sample taken under section 60 and the provisions of this Act shall apply accordingly. Destruction of sample referred to in section 51 in certain circumstances 56. A sample referred to in subsection

(1)of section 51 shall be destroyed as soon as practicable after any of the following occurs— (a) the Government refuses to make an order under section 7

(1)in relation to the land referred to in that subsection, (

b)a Director fails to obtain the necessary consents or court orders referred to in paragraph (
d)of section 10 in relation to that land, (
c)a decision is made under section 46

(6)not to continue with the Identification Programme in relation to human remains recovered from that land, or (

d)where the person who gave a sample does not die or become incapacitated as referred to in paragraph (
c)of that subsection and he

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.