Dáil Éireann Debate, Thursday - 29 January 2026
469. Deputy Cathal Crowe asked the Minister for Rural and Community Development and the Gaeltacht if local authorities have the legal powers to either remove or direct the removal of memorials in burial grounds which are deemed to be in breach of the law; and if he will make a statement on the matter. [7076/26]
Amharc ar fhreagraMy 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 authority concerned.
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, local authorities have powers to make bye-laws in relation to burial grounds, including headstones. They may appoint a registrar or caretaker for each of their burial grounds to manage the site, and in some cases to maintain the burial ground.
As bye laws can vary slightly from county to county, queries in relation to a specific burial ground or bye-law are best addressed to the relevant local authority.
