I am very conscious of the hurt that continues to be felt by survivors and family members of the people who died while resident in Mother and Baby institutions. One of the most tragic aspects of what happened in the former institution in Bessborough is the uncertainty regarding the burial place of many children who were resident there.
The investigation of burial arrangements in Mother and Baby institutions, including the institution in Bessborough, was an important part of the work of the Commission of Investigation into Mother and Baby Homes and certain related matters. The Commission concluded that it is likely that some of the children who died at Bessborough are buried in the grounds but was unable to find any physical or documentary evidence of this. The Commission carried out cartographic and landscape assessments of possible unrecorded burial arrangements and also followed up with people on responses to its appeal seeking information about burials in Bessborough. As no evidence of locations was found, the Commission did not consider it feasible to excavate the full available site, which amounts to 60 acres.
The Institutional Burials Act 2022, which came into effect on 15 July last, provides the underlying legislative basis for an intervention, whereby the remains of those who died in residential institutions, and who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way. Under the legislation, a relevant Minister may bring a proposal to Government for an intervention at a site if manifestly inappropriate burials are discovered there. The Government can, by Order, direct an intervention at the site where it is satisfied that the criteria set out in the legislation are met.
The legislation was developed in response to the abhorrent situation at the site of the former Mother and Baby institution in Tuam, Co. Galway. To avoid delays in responding to any similar situations that may arise in the future, the Act is not site specific and allows for excavations and identification programmes at other institutional sites should manifestly inappropriate burials be discovered.
In the case of Bessborough, the location of burials is, sadly, unknown. Therefore, a proposal to establish an Office of the Director of Authorised Intervention to oversee excavation, recovery and identification of inappropriately buried remains at that site cannot be brought forward under the Act.
Proposed developments in the grounds of Bessborough are a matter for the relevant planning authorities. In this regard, it is important to highlight that, last November, the Minister for Housing Local Government and Heritage wrote to all City and County Councils requesting that Development Plan processes give adequate consideration to incorporating appropriate measures to ensure the protection of unrecorded burial sites associated with an institution.
I have also publicly emphasised my view that any proposed development at the Bessborough site should have due regard to the Commission’s reports and give adequate consideration to the views of all survivors and family members, including requests for appropriate access and respectful memorialisation in due course.
