Institutional Burials Act 2022

Type Act

Publication 2022-07-13

State In force

Source Irish Statute Book

articles 107

(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

(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.

47. 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;

(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.

48. 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;

(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.

49. 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.

50. 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

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

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.

52. 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.

53. 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.

54. 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

(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.

55. **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.

56. **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 or she, having made an application to participate in the Identification Programme under section 48(1), is notified by the Director under that section of his or her determination that the person may not participate in the Programme—

(i) at the expiration of the time period allowed for an appeal under section 81 against that determination, or

(ii) where an appeal has been made under section 81 against the determination and that determination is confirmed on appeal, on that confirmation.

Chapter 4 Final arrangements

57. Final arrangements for recovered human remains

57. (1) A Director shall make final arrangements for human remains recovered from principal burial land and, where applicable, ancillary burial land, in accordance with this Act—

(a) where the Director is given the function of carrying out an Identification Programme in an order made under section 7 and, subject to paragraph (c), in accordance with a decision made under section 46(6) the Programme has continued—

(i) in the case of remains in respect of which a familial link has been established, as soon as practicable after the link has been established, or

(ii) where it has not been possible to establish a familial link, as soon as practicable after it becomes known that it is not possible to establish the link,

(b) where the Director is given the function and a decision is made under section 46(6) not to continue with an Identification Programme, as soon as practicable after the making of that decision,

(c) where the Director is given the function and subsequently a decision is made under section 47(1), as soon as practicable after the remainder of the Identification Programme is completed, and

(d) where the Director is not given that function, as soon as practicable after the completion of post-recovery analysis.

(2) Where subsection (1)(a)(i) applies, a Director shall—

(a) at the request of the highest ranking family member who is alive and not incapacitated, either return the human remains to him or her or arrange for the re-interment of the remains at a place selected by that highest ranking family member,

(b) where there is no family member alive or not incapacitated, make final arrangements for the human remains in accordance with the stated wishes of the highest ranking family member who stated such wishes,

(c) in respect 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 other family member, in accordance with the stated wishes of the applicable person, or

(d) where paragraph (b) or (c) applies but there are no stated wishes as referred to in those paragraphs, make such final arrangements by providing for the re-interment of the remains, including by selecting the place for, and manner of, such re-interment, as he or she considers most appropriate having regard to—

(i) the dignity of the deceased,

(ii) any known religious practices of the deceased, and

(iii) the condition of the remains.

(3) Subject to subsection (4), where paragraph (a)(ii), (b), (c) or (d) of subsection (1) applies, a Director shall make such final arrangements for the human remains concerned as the Director considers appropriate having regard to—

(a) the wishes (if any) of persons who consider themselves, with reasonable cause, to be family members of persons believed to have been buried at the principal burial land concerned or any ancillary burial land,

(b) the dignity of the deceased, and

(4) Where subsection (1)(a)(ii) applies, final arrangements for the human remains concerned shall not include cremation.

(5) In this section, “family member” means—

(a) a person who is a spouse or civil partner in respect of whom a notification referred to in section 42(1)(d) has been entered in a register,

(b) an eligible family member in respect of whom a notification referred to in section 42(1)(b)(iii) has been entered in a register and who is not a relevant person, and

(6) In this section, “highest ranking family member” shall be construed as meaning a family member taken in the following order: spouse, civil partner, parent, child, sibling, half-sibling, grandparent, grandchild, aunt and uncle, niece and nephew (whether of the whole blood or the half-blood), grandniece and grandnephew.

Chapter 5 Samples, generating DNA profiles and DNA profile comparison

58. Generation of more than one DNA profile from a sample

58. Where a sample is taken from human remains, a relevant person, an applicable person or from a person for elimination purposes under this Act, more than one DNA profile may be generated from the sample for the purposes of providing information comprising a particular set of identification characteristics of the DNA.

59. Taking of sample from human remains and generating DNA profile

59. (1) The Director shall, where he or she has made a decision under subsection (6) of section 46 to continue with an Identification Programme arrange—

(a) where a sample has not already been taken from human remains under subsection (3) of that section, for the taking of a sample from the human remains by an authorised person, and

(b) for samples so taken to be delivered to FSI.

(2) FSI shall forensically test samples delivered to it under subsection (1) and, in respect of each sample of human remains tested, enter the DNA profile generated from that testing in the unidentified human remains index.

(3) A second or further sample may be taken from human remains under this section where the circumstances in section 62 apply.

(4) Where the Director has made a decision under subsection (6) of section 46 to continue with an Identification Programme—

(a) a sample taken under that section may be regarded as a sample taken from the human remains under this section, and

(b) the forensic testing carried out in accordance with that section shall be taken to be forensic testing carried out under this section.

60. Taking of sample from relevant person and generating DNA profile

60. (1) A sample given by a relevant person under this section may only be forensically tested, and the DNA profile of the person generated from that testing included in the family members’ index, for the purpose of a DNA profile comparison under this Act.

(2) An authorised person shall, before taking a sample from a relevant person under this section, inform him or her—

(a) that the sample is to be taken under this section and only with his or her consent, and

(b) where a sample has already been taken from the person under this section and a second or further sample is required, the reason, in accordance with section 62, that a second or further sample is sought and that such sample can only be taken from him or her with his or her consent.

(3) A sample shall be taken by an authorised person in the form of a non-intimate sample.

(4) A sample may be taken from a relevant person by an authorised person at the office of the Director, at any other place nominated by the Director or, with the agreement of the authorised person, at a place designated by the relevant person concerned.

(5) The Director shall make the necessary arrangements for samples taken under this section to be delivered to FSI.

(6) FSI shall forensically test samples delivered to it under subsection (5) and, in respect of each sample taken from a relevant person, enter the DNA profile generated from that testing in the family members’ index.

(7) Where a relevant person does not consent to the taking of a sample or of a second or further sample under this section, the person shall be informed that, in accordance with section 74(2), he or she is taken to have withdrawn his or her consent to participate in the Identification Programme.

61. Taking of sample for elimination purposes and generating DNA profile

61. (1) A Director or the Director of FSI, as the case may be, may request a sample under this section only where he or she considers the taking of the sample and the generation of a DNA profile from the sample is reasonably necessary for the purpose of ascertaining whether or not contamination of a sample referred to in section 52 or taken under section 59 or 60 occurred.

(2) A member of staff of a Director and a consultant, advisor or other person referred to in section 19(1) shall, when requested to do so by a Director, provide a sample to an authorised person for the purpose of generating a DNA profile of the person to be entered into the elimination index of the DNA (Historic Remains) Database.

(3) A sample may be taken under this section by an authorised person for the purpose of generating a DNA profile to be entered into the elimination index of the DNA (Historic Remains) Database from a member of staff of FSI or from a person who took a sample referred to in section 52 where the member of staff or person concerned consents in writing to having that sample taken.

(4) A sample shall be taken by an authorised person in the form of a non-intimate sample.

(5) An authorised person shall, before taking a sample from a person under this section—

(a) inform him or her—

(i) that the sample is to be taken under this section,

(ii) where a sample has already been taken from the person under this section and a second or further sample is required, of the reason, in accordance with section 62, that a second or further sample is sought,

(iii) that the sample will be forensically tested and any DNA profile generated from that testing in respect of the person will be entered in the elimination index and the purpose of such an entry,

(iv) that, subject to any regulations made under section 79, a sample taken from the person will be destroyed, any DNA profile generated from the sample and any related information will be deleted in accordance with Chapter 8,

and

(b) give the person such other information (if any) relating to the giving of the sample as may be prescribed under section 80.

(6) A Director shall make the necessary arrangements for samples taken under this section to be delivered to FSI.

(7) FSI shall forensically test samples delivered to it under subsection (6) and, in respect of each sample taken from a person, enter the DNA profile generated from that testing in the elimination index.

(8) In this section and in section 62, “contamination”, means, in relation to a sample—

(a) the inadvertent incorporation into the sample of the DNA of a person during—

(i) his or her attendance at principal burial land or ancillary burial land, participation in the forensic excavation and recovery of human remains from that land or during post-recovery analysis,

(ii) the taking of a sample,

(iii) the transportation or storage of a sample, or

(iv) the forensic testing of a sample,

and

(b) in the case of a sample taken from human remains, includes the incorporation into the sample of a sample of other biological material owing to the environmental conditions in which the human remains were recovered.

62. Re-taking of sample

62. (1) A second or further sample may be taken from human remains under section 46 or 59 or from a person under section 60 or 61 where a sample has already been taken from the human remains or person and—

(a) the sample taken proves to be insufficient,

(b) the sample taken was inadequately labelled, or

(c) there is another good reason the Director, on the advice of the Director of FSI, considers it necessary that a second or further sample be taken from the person or human remains, as the case may be.

(2) In this section—

“inadequately labelled”, in relation to a sample, means incorrectly labelled or labelled in such a manner that it is not possible to identify with certainty the person from whom, or the human remains from which, the sample was taken;

“insufficient” means, in relation to a sample, subject to subsection (3), insufficient in quantity or quality for the purpose of generating a DNA profile.

(3) A reference to a sample proving insufficient includes a reference to where the sample has become unavailable or insufficient for the purposes of generating a DNA profile as a consequence of—

(a) the loss, destruction or contamination of the whole or any part of the sample,

(b) any damage to the whole or a part of the sample, or

(c) the use of the whole or a part of the sample which produced no results or results which have to be regarded, in the circumstances, as unreliable.

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

63. (1) FSI shall, as soon as practicable after receipt of a notification under section 46(7), that an Identification Programme is continuing, establish, maintain and operate the following 2 databases (in this Act referred to as the “Databases”) in respect of the principal burial land concerned and any related ancillary burial land—

(a) a DNA (Historic Remains) Database containing the following indexes of DNA profiles—

(i) an unidentified human remains index, containing the DNA profiles of persons generated from samples taken, or treated as having been taken, under section 59, from human remains recovered from the land concerned and entered in that index,

(ii) a family members’ index, containing the DNA profiles of persons generated from samples provided, or treated as having been provided, by relevant persons under section 60, or generated from samples, referred to in section 51, provided by applicable persons, and

(iii) an elimination index, containing the DNA profiles of persons generated from samples provided under section 61,

and

(b) a Personal Information (Historic Remains) Database containing—

(i) the information that may be used to identify a person from whose sample a DNA profile is generated and entered in the family members’ index and the elimination index,

(ii) the information that may be used to describe a person from whose sample a DNA profile is generated and entered in the unidentified human remains index, and

(iii) such other information as the Director of FSI considers necessary having regard to his or her function under section 64(1)(g).

(2) Where more than one DNA profile is generated from a sample (as referred to in section 58) FSI shall store each DNA profile generated from the sample of a person or taken from human remains with the DNA profile generated from the sample of another person or from human remains which generates information comprising the same particular set of identification characteristics of another person in a separate section within the DNA (Historic Remains) Database.

(3) The Databases may only be used for the purposes of—

(a) DNA profile comparison,

(b) conducting permitted searching under section 65,

(d) the facilitation of the performance by the Oversight Committee of its functions under Chapter 7 in relation to the management and operation of the Databases,

(e) the compilation of statistics and related analysis of an Identification Programme, or

(f) any other related purpose that may be specified from time to time by the Director of FSI.

64. Functions of Director of FSI

64. (1) The Director of FSI shall perform, or cause to be performed, the following functions under this Act:

(a) the forensic testing of samples taken under this Act;

(b) the entry of DNA profiles generated from forensic testing in the appropriate index of a DNA (Historic Remains) Database and entry of related information in a Personal Information (Historic Remains) Database;

(d) DNA profile comparison and furnishing the results of such comparison to a Director;

(e) providing information that is required by a Director for the performance of his or her functions including statistics and related analysis of an Identification Programme;

(f) in accordance with this Part, the destruction of samples, the deletion of DNA profiles from the DNA (Historic Remains) Database and the deletion of any related information in a Personal Information (Historic Remains) Database;

(g) recording information required for the proper operation of the Databases including but not limited to—

(i) information relating to the taking of samples,

(ii) when samples are submitted to FSI,

(iii) when DNA profiles are generated from samples, and

(iv) requests for destruction of samples or return of samples to a Director and the deletion of a DNA profile and related information;

(h) maintain the security of the DNA profiles and information in the Databases;

(i) as considered appropriate, the development of the Databases taking account of any new technology;

(j) the storage of samples sent to FSI under this Part.

(2) Subject to subsection (3), the Director of FSI may make such arrangements, including contractual arrangements, as he or she considers appropriate with such other laboratories (whether within or outside the State) for the performance of the function referred to in subsection (1)(a) or the performance of that function in any particular case or class of cases.

(3) Arrangements under subsection (2) shall be subject to compliance with the requirements of this Act and such terms and conditions as may be agreed.

65. Permitted searching of Databases

65. (1) The Databases may only be searched—

(a) by the Director of FSI or a member of the staff of FSI, and

(b) in accordance with this section.

(2) Where more than one DNA profile has been generated from a sample in accordance with section 58, and having regard to section 63(2), a reference in this section to comparing a DNA profile with another DNA profile shall be construed as a reference to comparing DNA profiles in the same section within the DNA (Historic Remains) Database which provide information comprising the same set of identification characteristics of the DNA.

(3) A DNA profile entered in the family members’ index of the DNA (Historic Remains) Database may—

(a) for the purpose of a DNA profile comparison, be compared with—

(i) another DNA profile entered in that index, or

(ii) a DNA profile entered in the unidentified human remains index of that Database,

(b) for the purposes of elimination, be compared with the elimination index of that Database.

(4) A DNA profile entered in the unidentified human remains index of the DNA (Historic Remains) Database may—

(a) for the purpose of a DNA profile comparison, be compared with—

(i) another DNA profile entered in that index, or

(ii) a DNA profile entered in the family members’ index of that Database,

(b) for the purposes of elimination, be compared with a DNA profile entered in the elimination index of that Database.

(5) A DNA profile entered in the elimination index of the DNA (Historic Remains) Database may—

(a) for the purposes of elimination, be compared with a DNA profile entered in—

(i) the unidentified human remains index of that Database,

(ii) the family members’ index of that Database,

and

(b) for the purposes of identifying any duplication of entries, be compared with another DNA profile entered in the elimination index.

(6) The Databases may be searched for the purposes of—

(a) performing the functions of the Director of FSI, and

(b) checking the operation of those Databases.

Chapter 7 Oversight Committee and review of operation of Databases

66. Request that DNA Database System Oversight Committee perform functions under Act

66. (1) Where the functions of a Director specified in an order under section 7 include carrying out an Identification Programme and the relevant Minister has received a notification under section 46(7) that the Programme is continuing, the relevant Minister shall, with the prior consent of the Minister for Justice, and after the Minister for Justice has consulted with the DNA Database System Oversight Committee (in this Act referred to as the “Oversight Committee”), direct the Oversight Committee in writing to oversee the management and operation of the Databases for the purposes of maintaining the integrity and security of the Databases and the Oversight Committee shall, for those purposes, satisfy itself that the provisions of this Act in relation to the Databases are being complied with.

(2) Where the Oversight Committee is, pursuant to a direction under subsection (1), overseeing the management and operation of the Databases it shall meet and be known as the Historic Remains Databases Oversight Committee.

(3) Subject to this Chapter, the Oversight Committee shall be independent in the performance of its functions under this Act.

(4) In performing functions under this Act—

(a) the chairperson of the Oversight Committee other than a serving judge, and the ordinary members of the Committee other than the Director of FSI and the person nominated for appointment by the Data Protection Commission, shall be paid such remuneration (if any) as the relevant Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine, and

(b) the chairperson and ordinary members of the Oversight Committee shall be paid such allowances for expenses as the relevant Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine.

67. Functions of Oversight Committee

67. (1) Where directed to do so under section 66, the Oversight Committee shall oversee the management and operation of the Databases referred to in the direction for the purposes of maintaining the integrity and security of the Databases, and shall, for those purposes, satisfy itself that the provisions of this Act in relation to the Databases are being complied with.

(2) Without prejudice to the generality of subsection (1), the Oversight Committee shall oversee—

(a) the arrangements employed by the Director of FSI in relation to the receipt, handling, transmission and storage of samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA (Historic Remains) Database,

(b) the procedures employed by the Director of FSI in relation to the generation of DNA profiles from the samples taken under this Act,

(c) the quality control and quality assurance of procedures referred to in paragraph (b) to ensure that the procedures comply with international best practice,

(d) the measures employed by the Director of FSI to ensure that the Databases are not improperly accessed by any person, that the DNA profiles entered in the DNA (Historic Remains) Database and information entered in the Personal Information (Historic Remains) Database are used only for the purposes permitted by this Act and that the profiles and information are not improperly disclosed to any person,

(e) the means by which the results of searches of the DNA (Historic Remains) Database are reported by the Director of FSI to the Director, and

(f) the practices and procedures employed by the Director of FSI to ensure that, in accordance with the requirements of this Act, samples taken under this Act for the purpose of generating DNA profiles are destroyed and the DNA profiles generated from those samples and related information are deleted.

(3) The Oversight Committee may, in the performance of its functions under this Act, make such recommendations as it considers appropriate in relation to the management and operation of the Databases to the relevant Minister, the Minister for Justice and the Director.

68. Meetings and Procedures

68. (1) The Oversight Committee shall, while performing functions under this Act, hold such and so many meetings as may be necessary for the performance of those functions and may make such arrangements for the conduct of its meetings and business (including the establishment of subcommittees and fixing of a quorum for meetings) as it considers appropriate.

(2) The Oversight Committee shall regulate its own procedure by rules or otherwise.

(3) At a meeting of the Committee—

(a) the chairperson of the Committee shall, if present, be the chairperson of the meeting, or

(b) if and for so long as the chairperson of the Committee is not present or if that office is vacant, the members of the Committee who are present shall choose one of their number to be chairperson of the meeting.

69. Administrative support and engagement of consultants or advisers

69. (1) The relevant Minister shall, with the consent of the Minister for Public Expenditure and Reform, provide the Oversight Committee with such funds, facilities and services (including secretarial services) as the relevant Minister, following consultation with the chairperson of the Committee, considers appropriate for the performance by the Committee of its functions under this Act.

(2) The Oversight Committee may, with the approval of the relevant Minister, engage such consultants or advisers with scientific or technical expertise as the Committee considers necessary for the performance of its functions under this Act.

70. Cooperation with Oversight Committee

70. (1) The Director of FSI and the other members of the staff of FSI shall cooperate with the Oversight Committee in relation to the performance of its functions under this Act and shall, for that purpose, furnish to the Committee such information as the Committee may request and which, in the opinion of the Committee, is required for the performance of its functions.

(2) The Oversight Committee may, whenever it considers it necessary for the performance of its functions under this Act, request a Director to meet with the Committee or to furnish information to the Committee.

(3) A Director shall comply with a request made to him or her under subsection(2).

71. Review and report by Oversight Committee

71. (1) Subject to subsection (2), the Oversight Committee may, and if so requested by the relevant Minister where he or she has consulted with the Minister for Justice, shall, review any matter relating to the management and operation of the Databases, prepare a report in writing on the review and, as soon as practicable after the report is prepared, furnish a copy of the report to the relevant Minister, the Minister for Justice and the Director.

(2) A report under subsection (1) shall not contain confidential information (within the meaning of section 30(5)).

(3) Subject to subsections (4) and (5), the relevant Minister concerned shall, as soon as practicable after receiving a report under subsection (1), cause a copy of the report—

(a) to be laid before each House of the Oireachtas, and

(b) to be published in such manner as the relevant Minister considers appropriate.

(4) The relevant Minister concerned may, when laying the report before each House of the Oireachtas and publishing the report under subsection (2), omit any matter from the report where he or she is of opinion that the disclosure of that matter would be prejudicial to the security of the Databases.

(5) If a matter is, in accordance with subsection (4), omitted from a report laid and published under subsection (3), a statement to that effect shall be attached to the report when it is so laid and published.

72. Final report of Oversight Committee

72. (1) The Oversight Committee shall prepare a final report on the performance of its functions pursuant to a direction under section 66(2) within 6 months of the conclusion of the Identification Programme to which the direction relates and shall, as soon as practicable after the report is prepared, furnish a copy of the report to the relevant Minister, the Minister for Justice and the Director.

(2) A final report prepared under s ubsection (1) shall not contain confidential information (within the meaning of section 30(5)).

(3) The relevant Minister concerned shall, as soon as practicable after receiving a report under subsection (1), cause a copy of it to be laid before each House of the Oireachtas and published in such manner as the Minister considers appropriate.

Chapter 8 Destruction of samples, deletion of DNA profiles and information held on Databases and destruction of Databases

73. (1) Subject to subsection (2), FSI shall, at the request of a Director, destroy a sample, delete a DNA profile or delete related information in accordance with this Chapter.

(2) Subsection (1) shall not operate to require FSI to delete related information that it needs to retain in order to demonstrate that it has complied with the requirements of this Part.

74. (1) Where a relevant person withdraws from participation in an Identification Programme by notice in writing under section 48(6), the Director shall, as soon as practicable after receipt of that notice —

(a) where a sample has been taken from, or treated as having been taken from, the person under section 60 and—

(i) the sample has not been delivered to FSI, destroy the sample, or

(ii) the sample has been delivered to FSI, request that FSI—

(I) destroy the sample and, if a DNA profile of the person has been generated from the sample, delete that DNA profile from the family members’ index, and

(II) delete any related information,

(b) return all records, held by the Director, which relate to the person to that person and if applicable, confirm in writing the steps taken under paragraph (a), and

(c) inform each nominee of the person of the withdrawal and return any record, held by the Director, associated with the nominee to that nominee.

(2) Where a relevant person does not consent to the giving of a sample or a second or further sample under section 60, he or she shall be taken to have withdrawn his or her consent to participate in an Identification Programme and paragraphs (a) to (c) of subsection (1) shall apply in like manner as soon as practicable after such refusal as they apply to a withdrawal of consent under section 48(6).

75. (1) Subject to any regulations made under section 79, FSI shall—

(a) destroy a sample taken from a relevant person under section 60 not later than the expiration of 3 months after the date on which the following first occurs—

(i) there has been a notification to the relevant person or their nominee under section 50(3)(a) or section 50(4), as the case may be, that a familial link has been established,

(ii) that part of the Identification Programme set out in paragraphs (a) to (c) of section 46(2) is completed in respect of principal burial land and ancillary burial land, or

(iii) the Director makes a decision, under section 47(1) ,that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46(2)(c) should cease,

(b) delete a DNA profile generated from a sample taken from a relevant person under section 60 not later than the expiration of 3 months after the date on which the following first occurs—

(i) that part of the Identification Programme set out in paragraphs (a) to (c) of section 46(2) is completed in respect of principal burial land and ancillary burial land, or

(ii) the Director makes a decision, under section 47(1), that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46(2)(c) should cease,

and

(c) as soon as practicable after that part of the Identification Programme set out in paragraphs (a) to (c) of section 46(2) is completed in respect of principal burial land and ancillary burial land, delete any related information.

(2) FSI shall notify a Director when a sample is destroyed and a DNA profile and related information are deleted under subsection (1).

(3) On receipt of a notification under subsection (2), a Director shall—

(a) return all records, held by the Director, which relate to the relevant person to that person and if applicable, confirm in writing the steps taken under subsection (1), and

(b) inform each nominee of the person of the completion of his or her involvement in the Programme and return any record, held by the Director, associated with the nominee to that nominee.

76. (1) Subject to any regulations made under section 79, FSI shall—

(a) destroy a sample taken from an applicable person not later than the expiration of 3 months after the date on which the following first occurs—

(i) there has been a notification to the nominee of the applicable person under section 54 that a familial link has been established,

(ii) that part of the Identification Programme set out in paragraphs (a) to (c) of section 46(2) is completed in respect of principal burial land and ancillary burial land, or

(iii) the Director makes a decision, under section 47(1) ,that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46(2)(c) should cease,

(b) delete a DNA profile generated from a sample taken from an applicable person not later than the expiration of 3 months after the date on which the following first occurs—

(i) that part of the Identification Programme set out in paragraphs (a) to (c) of section 46(2) is completed in respect of principal burial land and ancillary burial land, or

(ii) the Director makes a decision, under section 47(1), that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46(2)(c) should cease,

and

(2) FSI shall notify a Director when a sample is destroyed and a DNA profile and related information are deleted under subsection (1).

(3) On receipt of a notification under subsection (2), a Director shall—

(a) delete all records, held by the Director, which relate to the applicable person, and

(b) inform each nominee of the applicable person of the completion of his or her involvement in the Programme and return any record, held by the Director, associated with the nominee to that nominee.

77. Subject to any regulations made under section79, FSI shall—

(a) destroy a sample taken from a person for elimination purposes under section 61 and delete a DNA profile generated from that sample not later than the expiration of 3 months after the date on which the following first occurs—

(i) it is confirmed that the person did not or could not have contaminated another sample,

(ii) that part of the Identification Programme set out in paragraphs (a) to (c) of section 46(2) is completed in respect of principal burial land and ancillary burial land,

(iii) the Director makes a decision, under section 47(1) ,that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46(2)(c) should cease, or

(iv) in the case of a person whose consent was required under section 61(3) to the giving of a sample, where the person so requests in writing,

and

(b) as soon as practicable after the sample is destroyed and DNA profile is deleted, subject to section 73, delete any related information.

78. (1) A sample taken from recovered human remains under section 59 shall, if not destroyed in the course of generating a DNA profile from it, be returned by FSI to the Director as soon as practicable after the earlier of the following occurs—

(a) FSI have generated (having regard to section 58), from the sample concerned, all the DNA profiles it requires from the sample, or

(b) the Director makes a decision, under section 47(1), that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46(2)(c) should cease.

(2) A DNA profile generated from a sample referred to in subsection (1) shall be deleted as soon as practicable after the date on which the following first occurs—

(a) the Director makes a decision, under section 47(1), that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46(2)(c) should cease, or

(b) that part of the Identification Programme referred to in section 46(2)(c)(iii) is completed.

(3) A sample returned to a Director under subsection (1) shall be the subject of the same final arrangements as recovered human remains.

Chapter 9 Regulations and Appeals

79. Regulations for purposes of continuing DNA profile comparison after Identification Programme completed

79. (1) A relevant Minister may, having consulted with FSI and an Advisory Board, at any time before an Identification Programme is completed or the Office of Director is dissolved in accordance with section 98, whichever first occurs, make regulations for the purposes of enabling the relevant Minister, where there are developments in forensic testing, to facilitate further forensic testing of samples to establish whether or not there is a familial link after the Programme is completed.

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may make provision for—

(a) subject to obtaining the consent of the relevant persons concerned and providing for the withdrawal of consent at any time, the retention of samples taken from such persons under section 60,

(b) the form of consent, referred to in paragraph (a), to be obtained from relevant persons and the manner in which consent may be withdrawn,

(d) the retention of samples taken from applicable persons,

(e) the retention of information, referred to in subparagraphs (i) and (ii) of section 63(1)(b), contained in the Personal Information (Historic Remains) Database,

(f) the transfer of samples so retained and information referred to in paragraph(e) from FSI to another person for the purposes of storage,

(g) the forensic testing of samples, and where possible, a comparison of the DNA profile of a relevant person or an applicable person, as the case may be, and the DNA profile of a person generated from human remains for the purposes of ascertaining the likelihood, that can be indicated statistically, that there is a familial link,

(h) the appointment of a decision-maker for the purposes of making a determination and notifying—

(i) a relevant person, on the same basis as set out in section 50(3) in relation to a Director, that there is or is not a familial link, or

(ii) a nominee of the relevant person, on the same basis as set out in section 50(4) in relation to a Director, that there is or is not a familial link,

(i) the withdrawal by a nominee of the relevant person of his or her consent to act as a nominee,

(j) the exhumation of human remains, re-interred in accordance with section 57, where necessary for the purposes of obtaining a further sample for the purposes of paragraph (g),

(k) the destruction of samples taken from relevant persons and applicable persons and for elimination purposes, the deletion of DNA profiles generated from samples taken from human remains, relevant persons, applicable persons and for elimination purposes and the destruction of information referred to in paragraph (e),

(l) final arrangements for the samples taken from human remains, and

(m) the performance of oversight functions, equivalent to those to be performed by the Oversight Committee under section 67(2)(a) to (f), by a suitably qualified person where the performance of such oversight functions is necessary having regard to any regulations made under this section to facilitate further forensic testing.

80. **Regulations: general (Part 4)**

80. (1) The Minister may, having consulted with FSI and the Data Protection Commission, make regulations under this section to facilitate an Identification Programme.

(2) Without prejudice to the generality of subsection (1), regulations under this section shall prescribe:

(a) the evidence (documentary or otherwise) that a person is to provide for the purposes of establishing himself or herself as an eligible family member;

(b) the requirements for a notification of objection referred to in section 44(2)(a);

(d) the form to be completed by an eligible person for the purpose of confirming his or her decision to participate in an Identification Programme;

(e) the form of consent to the taking of a sample from a person under section 60;

(f) the form of consent to be signed by a person who agrees to be a nominee of a relevant person which form shall include the following information—

(i) the purpose of such nomination,

(ii) the personal data, including the contact details, of a nominee that will be stored by a Director for that purpose,

(iii) in the event that the circumstances set out in section 49(1) arise in respect of a relevant person, the notification that will be furnished to the nominee under section 50,

(iv) the right of a nominee to withdraw his or her consent to act as a nominee at any time before the relevant person, in respect of whom he or she is a nominee, dies or becomes incapacitated, and

(v) such other information (if any) as is considered appropriate.

(3) Without prejudice to the generality of subsection (1), regulations under this section may prescribe additional information to be given under section 61(5)(b) before a sample is taken under that section.

81. Appeals

81. (1) Subject to subsection (2), a person (in this section referred to as an “appellant”) may, by notice in writing to the Director, appeal against—

(a) a determination under section 48 that the person is not eligible to participate in an Identification Programme, or

(b) a finding, notified to the person under section 50(3)(b), that on the balance of probabilities, the genetic and non-genetic data available are not sufficient to suggest a familial link.

(2) An appeal under subsection (1) shall be made within 8 weeks from the date the determination or finding, as the case may be, is notified to the person and shall specify the basis for the appeal and indicate whether the appellant wishes an oral hearing of the appeal.

(3) A Director shall notify the relevant Minister in writing of the receipt of the appeal within 14 days of such receipt and the relevant Minister shall, within 4 weeks of receipt of that notification—

(a) appoint an independent suitably qualified person (in this Act referred to as an “adjudicator”) to determine the appeal, and

(b) direct the Director to provide to that adjudicator all material relating to the determination or finding which is the subject of appeal.

(4) An adjudicator shall hold an oral hearing where an appellant indicates that he or she wishes the adjudicator to hold an oral hearing.

(5) The adjudicator, having considered all material provided relating to a determination or finding which is under appeal and any evidence provided by the appellant and the Director whether in the course of an oral hearing (if any) or otherwise, may—

(a) confirm the determination or finding, as the case may be, or

(b) overturn the determination or finding and substitute his or her own determination or finding.

(6) An adjudicator shall make his or her decision under subsection (5) within 12 weeks of being appointed and shall, as soon as practicable thereafter—

(a) inform the appellant and the Director of his or her decision and the reasons for it, and

(b) where the decision relates to an appeal under subsection (1)(b) and the appellant dies or becomes incapacitated before that decision is made, inform a nominee of the appellant in accordance with paragraphs (a) and (b) of section 50(4) of that decision and the reasons for it.

(7) Where an adjudicator makes a decision under subsection (5) to overturn a determination under section 48 that an appellant is not eligible to participate in an Identification Programme, the Director shall, as soon as practicable after being informed under subsection (6) of that decision, notify that appellant in writing that he or she may participate in the Programme.

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)**

82. In this Part, “statement of compensation” has the meaning assigned to it by section 91.

83. Access to land, carrying out of works and activities on land and compensation: general

83. (1) Subject to subsection (2) and section 84, a Director may proceed with relevant works on principal burial land, relevant works on ancillary burial land and related activities on ancillary land—

(a) in any case where the owner of the land concerned is also the occupier of that land, where—

(i) the owner consents to those works or activities in accordance with section 85, 87 or 89, as the case may be, or

(ii) a court order is made in respect of the owner under section 86, 88 or 90, as the case may be, and—

(I) no appeal has been made against the order by the owner, at any time after the expiration of the period of time allowed for an appeal, or

(II) an appeal has been made by the owner against the order within the period of time allowed for the appeal and the order is confirmed, at any time after the order is confirmed on appeal,

and

(b) in any case where the owner and occupier of the land concerned is not the same person—

(i) where both the owner and occupier consent in accordance with section 85, 87 or 89, as the case may be,

(ii) where the owner or occupier of the land consents and the other does not and a court order is made in respect of the non-consenting party under section 86, 89 or 90, as the case may be—

(I) where no appeal has been made against the order, at any time after the expiration of the period of time allowed for an appeal, or

(II) where an appeal has been made within the period of time allowed for the appeal, at any time after the order is confirmed on appeal,

(iii) where both the owner and occupier of the land do not consent and a court order is made in respect of both under section 86, 88 or 90, as the case may be—

(I) where no appeal has been made against the order by either the owner or occupier, at any time after the expiration of the period of time allowed for an appeal,

(II) where an appeal has been made against the order within the period of time allowed for the appeal by either the owner or occupier and the order is confirmed, at any time after the order is confirmed on appeal, or

(III) where an appeal has been made against the order within the period of time allowed for the appeal by both the owner and occupier and both orders are confirmed, at any time after the confirmation on appeal of the last order so confirmed.

(2) A Director may not proceed with relevant works or related activities in accordance with subsection (1) unless a statement of compensation has issued to the owner and occupier of the land concerned in accordance with section 84(3), 85(1), 87(1) or 89(1), as the case may be.

(3) A Director may proceed with relevant works or related activities in accordance with subsection (1) where a statement of compensation has issued to the owner and occupier of the land concerned notwithstanding that compensation has not been agreed under section 91 or is the subject of an appeal under section 94.

(4) Where the identity of principal burial land is amended by a Government Order under section 7(6)(d), this section applies in like manner to that part of the land concerned which was not the subject of a previous Government Order under that section as it applies to the principal burial land which was the subject of such previous Order.

84. (1) A public body which is the owner or occupier of principal burial land or ancillary burial land shall be deemed to have consented as owner or occupier, as the case may be, to the carrying out of relevant works on the land concerned.

(2) A public body which is the owner or occupier of ancillary land shall be deemed to have consented as owner or occupier, as the case may be, to the carrying out of related activities on that land.

(3) A Director shall—

(a) where relevant works are to be carried out on principal burial land or ancillary burial land that is owned or occupied by a public body, by notice in writing inform the public body of his or her intention to carry out relevant works on the land,

(b) where related activities are to be carried out on ancillary land that is owned or occupied by a public body, by notice in writing inform the public body of his or her intention to carry out related activities on the land,

(c) specify in a notice under paragraph (a) or (b), the estimated duration of the relevant works or related activities, as the case may be, on the land concerned,

(d) where the public body is both the owner and occupier of the land to which a notice under paragraph (a) or (b) relates, state in the notice the date on which it is intended that the relevant works or related activities, as the case may be, shall commence on the land concerned,

(e) where the public body is not the owner and occupier of the land to which a notice under paragraph (a) or (b) relates, state in the notice that the Director may proceed with the relevant works or related activities, as the case may be, on the land concerned, in accordance with section 83(1)(b)(i) or (ii), and

(f) attach a statement of compensation to a notice under paragraph (a) or (b).

(4) A notice under paragraph (a) or (b) of subsection (3) shall have appended to it such maps and plans, on such scale, as are sufficient to enable the clear identification of the principal burial land, ancillary burial land or ancillary land, as the case may be, to which the notice relates.

(5) Where subsection (3)(d) applies, a Director may proceed with the relevant works or related activities, as the case may be, on the land which is the subject of the notice, at any time after the date referred to in that provision.

85. Notice of intention to carry out relevant works on principal burial land

85. (1) A Director shall—

(a) by notice in writing to the owner and occupier of principal burial land seek the consent of the owner and occupier to the carrying out of relevant works on the land,

(b) specify in the notice the period of time within which the consent referred to in paragraph (a) shall be provided, and

(2) A notice under subsection (1) shall have appended to it such maps and plans, on such scale, as are sufficient to enable the clear identification of the principal burial land.

(3) Where the owner and occupier of principal burial land consent, within the period of time specified in a notice under subsection (1), to the carrying out of relevant works, a Director shall by notice in writing inform the owner and occupier of the date on which the works shall commence.

(4) Where the owner of principal burial land does not, within the period of time specified in a notice under subsection (1), consent to the carrying out of relevant works on the land or, having consented, withdraws that consent, a Director may issue a notice under subsection (5) to that owner where the Director is satisfied—

(a) that the owner was the owner of that land at the time the manifestly inappropriate burials on the land were carried out,

(b) that the owner acquired that land on or after the 10th day of December 2019, or

(5) Where subsection (4) applies, a Director shall, by notice in writing, advise the owner that if he or she does not, within 28 days from the date of service of the notice, consent to the carrying out of relevant works on the principal burial land, the Director may make an application to court under section 86 for an order authorising the Director to carry out such works on that land.

(6) Where the owner on whom a notice is served under subsection (5), within the period of 28 days referred to in that subsection, gives his or her consent to the carrying out of the relevant works on the land, either unconditionally or with conditions acceptable to the Director, the Director may proceed with the relevant works at any time after the consent is given including at such other time as may be agreed between the Director and the owner.

(7) Where the occupier of principal burial land does not, within the period of time specified in a notice under subsection (1), consent to the carrying out of relevant works on the land or, having consented, withdraws that consent, a Director may issue a notice under subsection (8) to that occupier where the Director is satisfied—

(a) the occupier was the occupier of the land at the time the manifestly inappropriate burials were carried out,

(b) the occupier, on or after the 10th day of December 2019, entered into a legally binding agreement (howsoever described) entitling him or her to occupy the land, or

(8) A Director shall, by notice in writing, advise the occupier that if he or she does not, within 28 days from the date of service of the notice, consent to the carrying out of the works, the Director may make an application to court under section 86 for an order authorising the Director to carry out relevant works on the land.

(9) Where the occupier on whom a notice is served under subsection (8) gives, within the period of 28 days referred to in that subsection, his or her consent to the carrying out of the relevant works on the land either unconditionally or with conditions acceptable to the Director, the Director may proceed with the relevant works at any time after the consent is given including at such other time as may be agreed between the Director, the owner and the occupier.

86. Application to court for order authorising relevant works on principal burial land

86. (1) Where subsection(5) or (8) of section 85 applies, a Director may, where the owner or the occupier of principal burial land, or both, as the case may be, do not consent within the period of 28 days referred to in the subsection concerned, apply to the relevant court at the expiration of that period for an order authorising the Director to carry out relevant works on that land.

(2) On application to it under subsection (1), the relevant court may make an order authorising the Director to carry out relevant works on the principal burial land concerned where it is satisfied that—

(a) the owner or occupier, as the case may be, was the owner or occupier of the land at the time the manifestly inappropriate burials were carried out on that land,

(b) the owner or occupier, as the case may be, entered into a legally binding agreement (howsoever described) to acquire the land (in the case of an owner) or to occupy the land (in the case of an occupier), on or after the 10th day of December 2019, or

(3) An appeal shall lie on a point of law only—

(a) where the relevant court is the Circuit Court, from a decision of the High Court on appeal, and

(b) where the relevant court is the High Court, from a decision of the High Court.

(4) An application by a Director under this section or an appeal in respect of a decision of a relevant court under this section may, at the request of the owner or occupier, as the case may be, be heard otherwise than in public.

(5) In this section, “relevant court” means—

(a) where the market value of the principal burial land concerned is less than €3 million, the Circuit Court, or

(b) where the market value of the principal burial land concerned is €3 million or greater, the High Court unless both parties agree to the Circuit Court having jurisdiction to hear the application.

87. Notice of intention to carry out relevant works on ancillary burial land

87. (1) A Director shall—

(a) by notice in writing to the owner and occupier of ancillary burial land seek the consent of the owner and occupier to the carrying out of relevant works on the land,

(b) specify in the notice the period of time within which the consent referred to in paragraph (a) shall be provided, and

(2) A notice under subsection (1) shall have appended to it such maps and plans, on such scale, as are sufficient to enable the clear identification of the ancillary burial land.

(3) Where the owner and occupier of ancillary burial land consent, within the period of time specified in a notice under subsection (1), to the carrying out of relevant works, a Director shall by notice in writing inform the owner and occupier of the date on which the works shall commence.

(4) Where the owner of ancillary burial land does not, within the time period specified in a notice under subsection (1), consent to the carrying out of relevant works on ancillary burial land or, having consented, withdraws that consent, a Director may, by notice in writing, advise the owner that if he or she does not, within 28 days from the date of service of the notice, consent to the carrying out of the relevant works, the Director may make an application to court under section 88 for an order authorising the Director to carry out relevant works on the land for the duration of the period specified in the court order.

(5) Where the owner on whom a notice is served under subsection (4) gives his or her consent, within the period of 28 days referred to in that subsection, to the carrying out of the relevant works on the land, either unconditionally or with conditions acceptable to the Director, the Director may proceed with the works at any time after the consent is given including at such time thereafter as may be agreed between the Director and the owner.

(6) Where the occupier of ancillary burial land does not, within the period of time specified in a notice under subsection (1), consent to the carrying out of relevant works on the land or, having consented, withdraws that consent, a Director may by notice in writing advise the occupier that if he or she does not, within 28 days from the date of service of the notice, consent to the carrying out of the relevant works, the Director may make an application to court under section 88 for an order authorising the Director to carry out relevant works on the land for the duration of the period specified in the court order.

(7) Where the occupier on whom a notice is served under subsection (6) gives his or her consent to the carrying out of the relevant works on the land, either unconditionally or with conditions acceptable to the Director, within the period of 28 days referred to in that subsection, the Director may proceed with the works at such time as may be agreed between the Director, the owner and the occupier.

88. Application to court for order authorising relevant works on ancillary burial land

88. (1) Where subsection (4) or (6) of section 87 applies, a Director may, where the owner or occupier of ancillary burial land, or both, as the case may be, do not consent within the period of 28 days referred to in the subsection concerned, apply to the District Court for an order authorising the Director to carry out relevant works on the land.

(2) On application to it under subsection (1), the District Court may make an order authorising the Director to carry out relevant works in respect of ancillary burial land for such period as it specifies in the order where it is satisfied that—

(a) the land to which the application relates is ancillary burial land, and

(b) the carrying out of relevant works on the land is proportionate in all the circumstances.

(3) An appeal shall lie on a point of law from a decision of the Circuit Court on appeal.

(4) An application by a Director under this section, an appeal in respect of the decision of the District Court or an appeal on a point of law under subsection (3) may, at the request of the owner or occupier, as the case may be, be heard otherwise than in public.

89. (1) A Director shall—

(a) by notice in writing to the owner and occupier of ancillary land seek the consent of the owner and occupier to the carrying out of related activities on the land,

(b) specify in the notice the period of time within which the consent referred to in paragraph (a) shall be provided, and

(2) A notice under subsection (1) shall have appended to it such maps and plans, on such scale, as are sufficient to enable the clear identification of the ancillary land.

(3) Where the owner and occupier of ancillary land consent, within the period of time specified in a notice under subsection(1), to the Director carrying out related activities on the land, the Director shall, by notice in writing, inform the owner and occupier of the date on which the related activities shall commence.

(4) Where the owner of ancillary land does not, within the period of time specified in a notice under subsection(1), consent to the Director carrying out related activities on the land or, having consented, withdraws that consent, a Director may, by notice in writing, advise the owner that if he or she does not consent within 28 days from the date of service of the notice, the Director may make an application to court under section 90 for an order authorising the Director to carry out related activities on the land for the duration of the period specified in the court order.

(5) Where the owner consents, within the period of 28 days referred to in subsection (4), either unconditionally or with conditions acceptable to the Director, the Director may proceed to carry out related activities on that land at any time after the consent is given or at such time as may be agreed between the Director and the owner.

(6) Where the occupier of ancillary land does not, within the period of time specified in a notice under subsection(1), consent to the Director carrying out related activities on the land or, having consented, withdraws that consent, a Director may, by notice in writing, advise the occupier that if he or she does not consent within 28 days from the date of service of the notice, the Director may make an application to court under section 90 for an order authorising the Director to carry out the related activities on the land for the duration of the period specified in the court order.

(7) Where the occupier on whom a notice is served under subsection (6), within the period of 28 days referred to in that subsection, gives his or her consent either unconditionally or with conditions acceptable to the Director, the Director may proceed to carry out the related activities on the land at such time as may be agreed between the Director, the owner and the occupier.

90. (1) Where subsection (4) or (6) of section 89 applies, a Director may, where the owner or occupier of ancillary land, or both, as the case may be, do not consent within the period of 28 days referred to in the subsection concerned, apply to the relevant court for an order authorising the Director to carry out related activities on the land.

(2) On application to it under subsection (1), the relevant court may make an order authorising the Director to carry out related activities on the ancillary land for such period as it specifies in the order where it is satisfied that—

(a) there are no other reasonably practical means by which the relevant works may proceed on principal burial land or ancillary burial land,

(b) having regard to the duration and extent of the proposed related activities and the effect of such activities on the use and enjoyment of the ancillary land, the proposed interference with the land represents the minimum intrusion that is reasonably possible and is proportionate, and

(c) mitigations will be put in place to address any health and safety concerns that may arise from the proposed related activities.

(3) In making an order under subsection (2), the relevant court may—

(a) specify the works on the land concerned that may be carried out for the purposes of facilitating relevant works on the principal burial land or ancillary burial land, and

(b) require the Director to put such mitigations in place as the court considers appropriate to address any health and safety concerns that arise from the proposed related activities on the land.

(4) An appeal shall lie on a point of law only—

(a) where the relevant court is the District Court, from a decision of the Circuit Court on appeal,

(b) where the relevant court is the Circuit Court, from a decision of the High Court on appeal, and

(5) An application by a Director under this section or an appeal in respect of the decision of a relevant court may, at the request of the owner or occupier, as the case may be, be heard otherwise than in public.

(6) In this section, “relevant court” means—

(a) where the duration of the related activities and any remedial works under section 95 is likely to take, in total, less than 2 weeks, the District Court, and

(b) in all other cases—

(i) where the market value of the ancillary land concerned is less than €3 million, the Circuit Court, or

(ii) where the market value of the ancillary land concerned is €3 million or greater, the High Court unless both parties agree to the Circuit Court having jurisdiction to hear the application.

91. Statement of compensation

91. (1) A statement (in this Part referred to as a “statement of compensation”) shall be in writing and—

(a) where the relevant works or related activities are to be carried out on the principal burial land, ancillary burial land or ancillary land concerned, as the case may be, for a period estimated to be less than 4 weeks, shall—

(i) include an offer of compensation calculated in accordance with section 93 and state that the compensation may be accepted within a period of 28 days—

(I) where the statement issues to a public body under section 84, from the date of service of the notice, or

(II) in all other cases, from the later of—

(A) the date on which consent is given under section 85, 87 or 89, as the case may be, to the carrying out of the works or activities concerned,

(B) where consent is not given and a court order is made under section 86, 88 or 90, as the case may be, authorising the works or activities concerned, the date on which the period of time allowed for an appeal against the order expires where no appeal has been made, or

(C) where such a court order is made and an appeal has been made, the date on which the order has been confirmed on appeal,

(ii) state the basis on which the amount of compensation offered was calculated,

(iii) state the manner in which the compensation shall be payable,

(iv) advise the owner or occupier, as the case may be, that if he or she refuses the offer within the 28 day period referred to in subparagraph (i), he or she may, within the time allowed by section 94, make an application to the Circuit Court under that section for a variation of the amount of the compensation, and

(v) advise him or her that if he or she fails to reply to the offer within that 28 day period, the offer will become binding,

(b) where the relevant works or related activities are to be carried out on the principal burial land, ancillary burial land or ancillary land, as the case may be, for a period estimated to be 4 weeks or longer, shall—

(i) invite the owner or occupier, as the case may be, of the land concerned to engage with the Director to assess the appropriate level of compensation payable in accordance with section 93,

(ii) state the basis on which compensation will be calculated under that section, and

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Institutional Burials Act 2022

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

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**

80. **Regulations: general (Part 4)**

82. **Definition (Part 5)**