Institutional Burials Act 2022

Institutional Burials Act 2022 Permanent Page URL View by Section Amharc de réir Ailt View Full Act Amharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDF Oscail PDF Priontáil an tAcht Iomlán Previous Section Alt Roimhe Next Section An Chéad Alt Eile Priontáil an tAlt 18 2022 INSTITUTIONAL BURIALS ACT 2022 PART 1 Preliminary and General 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 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 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 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 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 Provisions applicable to Directors of Authorised Interventions 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) 18 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. [13 th July, Be it enacted by the Oireachtas as follows: