The Labour Party leader has said the decision to allow the development of the Bessborough site in Cork is “deeply disappointing” and is causing “immense distress and concern”.
Last week, permission was granted for the development of 106 apartments at the former mother-and-baby home site by An Coimisiún Pleanála.
Speaking during Leaders’ Questions in the Dáil, Ivana Bacik said it is “extremely distressing for everyone to hear the conditionality on the permission – that works must stop if human remains are found on the grounds,” she added.
The decision was made “without access to all relevant records and without the benefit of modern technology being used to survey those grounds extensive,” Deputy Bacik said.
“This is a live issue, and we still have time to do the right thing.
“Imagine if we concreted over the site at Tuam before Catherine Corless had carried out her incredible work there.
“Imagine what would have been lost.
“We can’t allow that to happen at Bessborough,” she said, insisting that there is a “moral imperative” on the Government to act now.
Taoiseach Micheál Martin said that according to the Institutional Burials Act of 2022, when applied to Bessborough: “I am advised that the legal threshold cannot currently be met.”
“One of the difficulties is – I am advised that – excavation of the site without evidence of location is neither feasible nor lawful.”

Social Democrats leader Holly Cairns called for the site to be subject to a Compulsory Purchase Order
Decision to grant permission was ‘disgusting’
Social Democrats leader Holly Cairns said the decision by An Coimisúin Pleanála to grant planning permission was disgusting.
Ms Cairns said 859 children and 19 women who were in the mother-and-baby home remain missing, presumed dead.
She said the Commission of Investigation into Mother and Baby Institutions found that it was highly likely burials did take place on the grounds.
“The trauma this has caused survivors is immeasurable,” she added.
Ms Cairns asked the Taoiseach if he would Compulsory Purchase Order (CPO) the land.
Responding, Micheál Martin said An Coimisiún Plenála is independent of the Government and the Oireachtas.
“Some may describe its actions as disgusting, but it is independent in its planning functions,” he said.
He said there is no evidence there are burials in the specific section of the site for which housing has been applied for.
Ms Cairns said he hoped the Government would make a decision to CPO the land.
“This is so fundamentally wrong… and I don’t believe this build will go ahead. I know people will chain themselves against the gates before diggers roll in to build, to concrete over land where there are potentially hundreds of burials,” she added.
Mr Marin said the Government has not been involved in the decision by the board.
“Because of laws we’ve passed if anything is found there, of human remains, it has to stop immediately.
“All works cease immediately if human remains are discovered,” he said.
People Before Profit TD Richard Boyd Barrett told the Dáil that, “as somebody who myself was born in a mother-and-baby home, I really find it pretty despicable that the Government hasn’t stated their intention to stop a private profit driven developer” from building on the Bessborough site.
“The Government can overcome the obstacles if it wanted to,” he said.