Oireachtas Joint and Select Committees

Wednesday, 15 May 2019

Select Committee on Justice and Equality

Civil Law (Presumption of Death) Bill 2016: Committee Stage

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 5:

In page 5, line 17, to delete “, unless the context otherwise requires”.

These, too, are technical amendments. The purpose of amendment No. 6 is to remove any ambiguity that may arise over the fact that the term "applicant", as used in section 8, means an applicant as defined in section 4. The term is used in section 4 where an application is made for a presumption of death order. It is also used in section 8 where a variation order is sought in respect of what was an original presumption of death order. The amendment is for clarity, therefore. An applicant in section 4 is defined as the spouse or civil partner of a missing person; the cohabitant of a missing person; any other family member of the missing person, including a child, grandchild, parent, grandparent, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece of the missing person; a person who is acting in loco parentisfor the missing person; a dependant of the missing person; or any other person with a sufficient interest, including, where relevant, the Attorney General or another person acting on behalf of the State in the circumstances. The definition is all-embracing.

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