Oireachtas Joint and Select Committees

Wednesday, 27 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I think Professor Mee might have had another point to add in response to my last question but he can address it along with his response to my next question. Am I correct that Professor Mee's position is that there is a need for legislation but only to clarify a jurisprudence rule? Ms Justice Laffoy made the point that the precedent is that there is a constructive trust and that property is managed in that way but that this needs to be clarified through statute. Leaving the land and conveyancing issues aside, are there additional points that need to be addressed?

Professor Mee seemed to speak favourably about the legislation in New Zealand, but perhaps I misunderstood him. If not, are there elements of that legislation that we need to take into account?

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