Under current legislation, only cemeteries and burial grounds owned by Councils are subject to conditions such as repair and maintenance of graves, registering and recording burials, and the right to place memorials.
If successful, North Belfast MLA Nuala McAllister's Private Member’s Bill would mean private bodies such as churches would have to follow the same regulations. She said the situation at a local graveyard prompted an exploration of the rules which cemeteries must follow.
The Alliance MLA's Burial Protections Bill was prompted by her own mother's experience, as she believes three stillborn siblings were buried in unmarked graves in Milltown Cemetery in West Belfast.
She said: “Last year, construction work was carried out in Milltown Cemetery in West Belfast, sparking fears it could disturb unmarked graves. Since then, I have met with many families who fear such work will affect the remains of their loved ones, some of which have been buried there since the 1930s.
"There is a personal connection to this situation – my mother was previously informed her stillborn son and twins she lost during pregnancy could be in the baby graves in Milltown. It is a story I have heard repeated over and over from so many people, with numerous stillborn children not afforded a burial in traditional circumstances left in this graves. It is a particularly disturbing situation given the size and scale of such mass graves are likely being underestimated.
"But this is not only an issue in Milltown Cemetery. We have since been made aware of similar issues in cemeteries across Northern Ireland, run by numerous different churches or denominations.
"The number of individuals coming forward with similar stories has made it clear urgent action is required. While private cemeteries are not obliged to follow the same regulations as Council-run sites, then we cannot have full confidence these burial grounds are properly protected.
“I am hopeful my Bill will progress and ensure legislation in Northern Ireland is modernised in the same fashion as has happened elsewhere in the UK, particularly Scotland. We need to reassure those who have family members buried in such circumstances the remains of their loved ones will not be disturbed and they will be treated with the respect they were not afforded in life."
Gareth Hughes, Chief Operating Officer of the Diocese of Down and Connor, said: "In preparation for works on an area of new grave provision at Milltown Cemetery, an independent archaeological assessment, and a thorough review of burial records, have provided irrefutable scientific evidence that there are no burials within the expansion area.
“The findings were confirmed through independent archaeological digs performed under licence from the Department for Communities.
“The baby graves area, which holds deep significance for so many families, will remain fully intact and untouched by any works. The Diocese has demarcated the area with a laurel hedge so that any unmarked graves in this section stay protected, undisturbed and respected. The area has also been memorialised with small black granite headstones in consultation with families.”