Denise Mitchell (Dublin Bay North, Sinn Fein) | Oireachtas source

I welcome the Bill that is before the House today. This is a Bill that in many ways has been a long time coming, given the high-profile case from which many of the flaws and gaps in this area of legislation arise. Sinn Féin will be supporting the Bill through the various Stages and we hope to see its swift passage through the Houses. I understand this Bill comes on the back of the 2015 Law Reform Commission report on a case which saw an individual jailed for the killing of his wife. Under the right of survivorship, this person was entitled to 100% of their shared property. It is a bizarre loophole which sees an offender benefit financially from his or her crime. Under the Succession Act 1965, a person may not inherit any part of the estate of a person whom he or she has murdered, attempted to murder or killed in circumstances amounting to manslaughter. However, because property held in a joint tenancy does not form part of the estate of a deceased person, the rule in the Succession Act 1965 does not apply. This Bill seeks to close this loophole and help prevent a repeat of such instances in the future.

The Law Reform Commission report recommended that major reform of legislation is required to ensure no person benefits from his or her own wrongdoing, especially in cases of homicide. I think that almost everybody will agree that this reform is common sense and I am glad Deputy O’Callaghan has brought this legislation forward. The Law Reform Commission report also recommends that in any court proceedings the court will, other than in exceptional circumstances, order that the costs of the proceedings are to be paid by the offender. This is because such court cases only arise because of a wrongful act of the offender. This recommendation is included in the Bill and is welcome.

I had many questions to ask Deputy O'Callaghan about section 46E but the Deputy has already clarified that this evening. To conclude, I again welcome the Bill, support it, and hope it passes without delay.

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