Institutional Burials Act 2022

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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(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 Expe …