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Dáil

Written answer

Burial Grounds

Summary

The Minister said existing burial-ground laws remain in force, with no plans for new regulations; crematoria are governed by planning, environmental and air-pollution legislation.

4247. Deputy Pádraig O'Sullivan asked the Minister for Rural and Community Development and the Gaeltacht his plans to modernise the legislation governing burial grounds and to introduce a statutory regulatory framework for crematoria, in view of the age of the existing statutory provisions and the increasing proportion of cremations; and if he will make a statement on the matter. [57407/26]

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Jerry Buttimer Minister of State at the Department of Rural and Community Development and the Gaeltacht Fine Gael

My Department has responsibility for policy and legislation in relation to local authority burial grounds while the actual operation of burial grounds is the responsibility of the local authorities.

Under the Local Government (Sanitary Services) Acts, 1878 to 2001, local authorities are deemed to be burial boards for their respective functional areas. Acting in their capacity as burial boards, local authorities are responsible for the management, regulation and control of burial grounds in their functional areas.

Regulations are currently in place regarding burials and burial grounds, namely Part III of the Public Health (Ireland) Act, 1878, as amended in Part VI of the Local Government (Sanitary Services) Act, 1948 and more recently, the Local Government Acts, 1994 and 2001, and also in the Rules and Regulations for the Regulation of Burial Grounds 1888 and amendments thereto.

In relation to the Deputy's specific query, there are currently no plans to introduce new regulations in this area.

In general, regarding Crematoria, the establishment and operation of any such activity is subject, where applicable, to the provisions of legislation dealing with planning and development, environmental protection and air pollution.

I also understand there are professional bodies for these activities with their own codes and standards, but my Department has no role in this regard.

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