Mattie McGrath (Tipperary, Independent) | Oireachtas source

I am also pleased to be able to speak on the Civil Law (Missing Persons) Bill 2016, which is important legislation. I have just heard about the result from Westminster, which is a sad and bleak place at the moment. At the outset, I commend the work that took place on this Bill in Seanad last year where the Bill originated and was debated. I specifically note the work of Senator Colm Burke in this regard. I was shocked to learn from the Seanad debates that the number of missing persons reported in Ireland increased from 5,000 in 2004 to 9,000 in 2014. It is simply unimaginable to think about what these families and their loved ones suffer when a person goes missing. As we know, the Law Reform Commission published a report on civil law aspects of missing persons in 2013. It made a number of recommendations that have found their way into this Bill.

Some of the aspects of this legislation are highly complex and require careful management and scrutiny. As the Law Reform Commission has noted, the need to deal with the return of a missing person also arises because some adults who go missing do so voluntarily. We must never forget that. The commission's report noted that they may simply wish to break contact with family or friends, which can sometimes be connected with personal or emotional reasons. In such an instance, the missing person may be unaware that the disappearance has resulted in the appointment of an interim manager or a declaration of presumed death. It could also arise where fraud is involved, as in the case of John Darwin, the English man who faked his own death while out canoeing. Is mór an trua an rud sin. There is also the matter of when an Irish citizen disappears abroad. As far as the commission is concerned, if a person goes missing abroad in circumstances that indicate that death is virtually certain, a presumption of death order may be obtained in the courts immediately. The current law is, however, unclear as to the position where a foreign court issues a declaration of death or presumed death for an Irish citizen who disappears while abroad. The commission was of the view that in such a case, those left behind should not be at a disadvantage by virtue of the location of the disappearance. This is a very interesting and fair comment. The commission, therefore, concluded that where an Irish citizen disappears while abroad, an application may be made to the Circuit Court for any of the orders already provided for in this report. The commission also recommends that any such application should be subject to the same criteria as apply where the court grants such orders in respect of a person who has gone missing in Ireland.

The primary purpose of the Bill before us, however, is to deal with the civil law status of missing persons. As the explanatory memorandum makes clear, it puts a statutory framework in place that would provide for the making of a presumption of death order in respect of two categories of missing persons. The first category is where the circumstances of the disappearance indicate that death is virtually certain while the second category is where both the circumstances and the length of the disappearance indicate that it is highly probable that the missing person has died and will not return, which is where the disappearance occurred in dangerous circumstances or in other circumstances in which loss of life may be presumed. In that regard, I certainly welcome the fact that the Bill is intended to clarify the legal position when a person is missing, who is entitled to apply to the court for an interim manager to be appointed to manage the missing person's estate and what procedures must be complied with before the courts will issue a presumption of death order.

What is vital here is that we get the balance and that we do not enact legislation that will allow any unreasonable determinations to be made with regard to what has happened to the missing person. Getting the right balance is vital with all legislation. Often times we do not, which is why it is important that we have proper perusal and pre-legislative scrutiny and debate. The very good debate in the Seanad pointed out a lot of issues for which I thank the Senators. It is particularly vital in this area because the trauma visited on a family, loved ones or, in cases where the person is single and has no siblings and where his or her parents have died, friends, neighbourhood and community is significant. On many occasions, voluntary groups such as the Irish Red Cross and Civil Defence Ireland assist An Garda Síochána in searching for the person. It is vital that we explore all these issues and have an exhaustive search but it is also vital that we have a proper legal framework afterwards. If it happens in a different jurisdiction, we must be sure we have robust legislation that can overrule that or have a second look at that so families and loved ones are satisfied that all eventualities are covered and are catered for in this legislation.

I look forward to seeing this legislation progress through the House. I offer the Minister my assistance and that of the rest of the Rural Independent Group. Losing a friend, a colleague or even a parishioner puts us in a lonely place. The Minister knows this as he represents rural Ireland, but the same applies to urban Ireland. A community of people will always be affected and impacted. It is important they get solace and satisfaction and that, first, an exhaustive search is carried out and, second, there is robust legislation in place that can and will determine that all proper processes and steps have been gone through, rather than something over which there are question marks. We have many missing persons. I refer to Jo Jo Dullard and many others and the trauma these families go through. I support this legislation.

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