Minister Foley announces intention to include first cousins in an Identification Programme under the Institutional Burials Act 2022
- Published on: 28 April 2026
- Last updated on: 28 April 2026
Minister for Children, Disability and Equality, Norma Foley, has today announced her intention to include first cousins as eligible family members who can participate in an Identification Programme under the Institutional Burials Act 2022.
She made the announcement following the Cabinet meeting this morning where she received Government approval to draft the necessary amendments to the 2022 Act.
The Minister brought the proposals to Government on foot of updated scientific advice from Forensic Science Ireland that supports the inclusion of first cousins in an Identification Programme under the Act.
If the necessary legislation is passed by the Houses of the Oireachtas, first cousins of children believed to be buried at the site of the former Mother and Baby institution in Tuam will be able to participate in the Identification Programme that is currently underway in relation to the site.
Speaking today Minister Foley said:
“I know that the Identification Programme is very important for people who believe they have family members buried at the site of the former Mother and Baby institution in Tuam.
Forensic Science Ireland recently informed me of new scientific developments since the enactment of the legislation that allow for DNA matching of sufficient quality to support the inclusion of first cousins in an Identification Programme.
I understand that there are first cousins who are interested in participating in the Tuam Identification Programme so I, and the Government, were keen to move quickly on this when the scientific advice was updated.
The Government has now approved my proposal to amend the Institutional Burials Act 2022 to include first cousins in an Identification Programme.”
Officials in the Department of Children, Disability and Equality will now work with the Office of the Attorney General to draft amendments with a view to introducing them in the Houses of Oireachtas as soon as possible.
ENDS
Notes to Editor:
The Institutional Burials Act 2022 provides a legislative basis for the excavation, recovery, analysis, identification (if possible) and reburial of remains that have been buried in a “manifestly inappropriate” manner on land associated with a former residential institution in which a public body had, or has, a relevant role.
Part 4 of the Act provides for an Identification Programme. The purpose of an Identification Programme is to establish whether there is a familial link between people who believe they have a family member buried at an intervention site and the human remains that are recovered from the site, and, where a familial link is established, to identify the recovered remains.
The 2022 Act defines an “eligible family member” as a person who has reasonable grounds to believe that he/she is a child, parent, sibling, half-sibling, grandparent, grandchild, aunt, uncle, niece, nephew, half-niece, half-nephew, grandniece or grandnephew of the person who is believed to be buried at an intervention site.
The list of eligible family members set out in the Act reflects the scientific advice provided at the time by Forensic Science Ireland (FSI).
In March 2026 the Director General of Forensic Science Ireland wrote to the Department recommending that the list of eligible family members be broadened to include first cousins. The scientific basis for the inclusion of first cousins, which was outlined by the Director, includes the recent availability of published data on the performance of new technology being used by FSI and subsequent FSI validation testing.
The Director's letter is supported by a letter from the Government's Science Advisor.