COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE (1)

Monday, May 27, 2013

MOTION NO. 3

MOTION: Councillor M. Devine

That the Manager comment on recent legislation regarding burials without coffins with reference to the Newlands Cross grounds

REPORT:

The Minister for the Environment, Community and Local Government has informed the Council of a change to Rule V of the Rule and Regulations for the Regulation of Burial Grounds, 1888, which will come into operation on 1 June, 2013.

The current Rule V states that no internment shall be permitted unless the body be enclosed in a coffin of wood or other sufficiently strong material.  This rule is being amended to allow un-coffined burials to take place in an area of a burial ground designated exclusively for this purpose.  It should be noted that this can be overruled by the relevant sanitary authority or medical officer of health of the sanitary authority if appropriate. 

A summary of the changes is a follows:

-          the main thrust of the existing rule requiring bodies to be buried in a coffin remains;

-          un-coffined burials are allowed in an area of a burial ground designated exclusively for that purpose;

-          there is no obligation for the provision of such a designated area in all burial grounds;

-          the sanitary authority or medial officer of health can direct that such un-coffined burials should not be carried out (e.g. in situations where there would be a health or environmental risk arising);

-          the penalty of £2 sterling for “any person presenting a body for internment in violation of this rule” is increased to €125. Based on the original penalty converted to euro and applying the multiple figure outlined in Section 9 of the Fines Act, 2010.

Newlands Cemetery is privately owned and operated and will have to adhere to the rule changes as outlined above.