Serious questions over efforts by the
Commission of Investigation into Mother and Baby Homes to uncover the truth of burial ground locations in Bessborough
raised by former Minister Dr Katherine Zappone’s submission to An Coimisiún Pleanála.

23 July 2026

The Special Advocate has reviewed submissions made to An Coimisiún Pleanála in relation to development at Bessborough.

The former Minister’s letter was included in the collection of publicly available submissions to An Coimisiún Pleanála obtained by the Special Advocate, who has received numerous queries from Survivors and Affected Persons in the wake of the planning authority’s decision.

The contents of former Minister Dr Katherine Zappone’s submission to An Coimisiún Pleanála relating to development at Bessborough dated 13 April 2026, raise serious concerns. This letter is included in the appendix below.

Not enough done to determine burial sites in Bessborough
The Special Advocate expressed her shock that we now have a situation where a former Minister, who had ultimate responsibility for the Commission of Investigation into Mother and Baby Homes and the investigation on institutional sites, stated in her submission to An Coimisiún Pleanála that
“enough was not done to determine burial sites in Bessborough”

In this submission, former Minister Dr Zappone stated
“there were modest efforts to do so (locate burial grounds) at Bessborough by the MBH Commission, but these were not sufficient or similar to the efforts made at Tuam.”

In her submission to An Coimisiún Pleanála, former Minister Dr Zappone also rejects the planning requirement to have forensic archaeologists on site during a building development as she states in her objection

“it seems logical to conclude that builders who are working on the site would hold even greater potential to destroy human remains, even with monitoring, thus potentially obliterating any kind of possibility of DNA identification.”

Patricia Carey, the Special Advocate for Survivors said:
“the contents of this letter of objection to An Coimisiún Pleanála by the former Minister who held responsibility for the Mother and Baby Homes Commission of Investigation, clearly indicates that the former Minister is concerned about the sufficient efforts by the Commission to locate infant and child remains in Bessborough”

Call to seek information from lead forensic archaeologist

In this submission, former Minister Dr Zappone suggested that An Coimisiún Pleanála seek information from the lead forensic archaeologist[1] as to why the Mother and Baby Homes Commission of Investigation did not ask them to conduct a Ground Penetrating Radar examination of the grounds.

[1] Section 11(3) of the Commissions of Investigation Act 2004 (COIA 2004) states that ‘A person (including a member of the commission) shall not disclose or publish any evidence given or the contents of any document produced by a witness while giving evidence in private’, except in limited circumstances which include under court order and to a subsequent tribunal. Section 40 COIA 2004 restricts the application of Freedom of Information to Commission of Investigation records; FOI applies to records created before the establishment of a Commission and administrative records of a Commission, including regarding the appointment of persons to provide advice or assistance to the Commission.

Dr Zappone goes on to state in respect of Bessborough, and the lead consultant Forensic Archaeologist, that
“the Mother and Baby Homes Commission of Investigation did not request [lead consultant Forensic Archaeologist] (who was their consultant to them on these matters) to do the same kind of initial testing for potential human remains as was done in Tuam. No Ground Penetrating Radar was used (in Bessborough) as it was in the first phase of testing in Tuam”

Institutional Burials Act 2022 should apply to all potential burial sites

In this submission, former Minister Dr Zappone also emphasises it was her direction while Minister that that the Institutional Burials Act 2022 “should also apply to all other potential burial sites at the various mother and baby institutions.”

Patricia Carey said
“Many mothers and other family members have contacted the Special Advocate, to ask me to raise the issue of their not knowing where their child is buried on the grounds of institutions across Ireland. The fact that there is no definite identification these burial grounds is a heartbreaking situation for those mothers and the wider family members of those children who died.”

The Special Advocate urges the State to reinvestigate at institutions to ensure the burial grounds can be finally and comprehensively identified.

Section 8(4) of the Institutional Burials Act 2022 refers to ‘Burial Grounds Regulations’ of the Regulation of Burial Grounds Act 1888, in referencing this section I contend that Section 8 (1) does cover those other sites whereby:

• We do not know if burial records exist for each person who died in these institutions.
• We do not know if the remains are uncoffined.
• We do not know if the burial was inappropriate.
  

This would allow for further, forensic and final identification of burial grounds in both these institutions under the powers in the Institutional Burials Act 2022.

Given the scale of deaths in these institutions of both children and mothers, it is incumbent on the State to finally identify the final resting place of those who died in these institutions, in order to value and properly honour our dead.

Impact on Survivors and Affected Persons

The situation at Bessborough has caused Survivors and Affected Persons and their families immense distress and upset and a feeling by many that the State is pitting “mother against mother, child against child” in determining the approach to memorialisation and dignified burial for those who died across Ireland’s network of institutions.

The Special Advocate welcomes the Taoiseach’s recent comments on Bessborough and that Cork City Council has been asked to engage with the landowners of Bessborough on the future of the site and his emphasis that “Bessborough is of huge importance to many people and families, at home and abroad. We need to do the right thing for all concerned”.

Recommendations
from the Special Advocate for Survivors

In response to these comments from An Taoiseach, and on the basis of the former Minister’s submission to An Coimisiún Pleanála, the Special Advocate repeats her call for :

>the release of all sealed Mother and Baby Homes Commission of Investigation records, documentation and reports relating to burial ground investigations in all institutions.

Releasing these key documents would indicate the State’s commitment to transparency, in response to concerns expressed by Survivors and their families that the Commission of Investigation had not fully investigated these potential burial sites.

Minister Foley has refused in the Dáil to produce either the Index to the MBHCOI Archive or the records contained in that Archive that relate to burial ground investigations2. The Minister has argued that section 11(3) of the Commissions of Investigation Act 2004 ‘prohibits any person (including the Minister) from disclosing or publishing any evidence given or the contents of any document produced by a witness while giving evidence in private, with very limited exceptions’.

It is the position of the Special Advocate that:
“Burial investigations are not ‘witness evidence’, therefore I see no bar to their publication. Under section 11(3) COIA 2004 a court can direct disclosure of evidence and records contained in the MBHCOI Archive. I am calling on the Taoiseach and the Minister for Disability, Children, Equality to instruct the Attorney General to seek such a court order immediately.”

>a Compulsory Purchase Order by Cork City Council of the Bessborough site

>further investigation of the Bessborough grounds, including through non-invasive archaeological methods, in order to identify the burial grounds of 859 babies, infants and 19 mothers who remain disappeared.

>Engagement by the State with Survivors and Affected Persons of Bessborough, and the Special Advocate for Survivors, to determine a shared approach to memorialisation and dignified burial for the 923 infants and children, as well as the mothers who died at Bessborough. 19 mothers and 859 infants remain disappeared, without burial records.

ENDS