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

Professor John Mee:

We are taking on board most of it. I believe legislation is necessary to clarify the matter and, unfortunately, because of the section 30 complexity. It also needs to provide for the discretion referred to by Deputy Clare Daly for the person who commits manslaughter and is not that blameworthy. They would be benefits to the legislation, but life would be a lot easier for all of us if section 30 did not exist. I could make a simple argument, that the split has to be 50:50 but we would need an amendment to deal with section 30. The Bill is useful because it would reduce the uncertainty for families, reduces legal costs and it provide discretion in regard to manslaughter wherein somebody is not very blameworthy. It would also allow for the taking of a decision on the three-party joint tenancy cases, such as picking one such that there would never have to be litigation. It would achieve something, but it will not be easy to draft. It needs work.

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