Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I wish to assure Deputy Collins, the House and the public that I share his concern but this is a most complex area of law. I am very anxious to ensure that there are no unintended or unforeseen consequences. It is important to consider the matter in the wider context than just the recent case which has been discussed in this House. For example, one could possibly imagine a similar case arising in the circumstances of long-term domestic violence where natural justice and public sympathies might lie with the perpetrator rather than the victim. Another example worthy of consideration is where a perpetrator had a child from a previous relationship and the rights of that child need to be considered. I merely give these examples to illustrate the need for careful legal analysis before we pass any law.

Notwithstanding that, I assure Deputy Collins that a number of options are under consideration. One possible course of action might be to amend the 1965 Succession Act to provide that, in cases such as these, the joint tenants of property would be deemed to have held the property immediately prior to their deaths as tenants in common. I assure the House that there is no stalling of legislation here, there is no undue delay, rather there are complex issues. I am sure Deputy O'Callaghan will acknowledge that.

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