Dáil debates

Tuesday, 13 December 2016

Civil Law (Missing Persons) (No. 2) Bill 2016: First Stage

 

3:40 pm

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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I move:

That leave be granted to introduce a Bill entitled an Act to provide for the effects in civil law of persons who are missing, including arrangements for interim management of the missing person's property, and to provide for the civil status of the missing person where the circumstances of their absence leads to a presumption of death; and to provide for related matters.

Last week, we marked National Missing Persons Day. There are hundreds of families across the country missing family members or friends. Between 7,000 and 8,000 people are reported missing every year in Ireland, which is almost 20 every day. Most of these turn up within a very short time and less than 1% remain missing in the long term. It is for the families and friends of that 1% that I hope this Bill can provide some practical and moral help.

I commend the work of the Law Reform Commission on this Bill and Senators Colm Burke, Lynn Ruane and Marie-Louise O'Donnell who have moved a similar Bill in the Seanad. In the last full year for which figures are available to us, which is last year, 37 people who went missing have not yet been found. We see from the reply to a parliamentary question I got last week that two people who were reported missing in 1951 are still considered missing. There are similar numbers for every year since. We know many of these people's names. We know people like Mary Boyle who went missing from my neighbourhood the same year I was born. People such as Mary Boyle are still subject to much public interest but there are many others who are missing and few beyond their closest friends and families know of them.

The Bill allows for the appointment of an interim manager of the property of a missing person. This is an essential measure that would allow the family of a missing person not to be stuck in a legal limbo and to deal with issues like a mortgage or bank account in that person's name. Another element of the Bill is to bring the State into line with what is happening in other jurisdictions, for example, in the North and in Scotland. It allows for an application to be made to a register of presumed deaths, which is a new register that would be established. Application would be made to the courts and presumed death would only be registered if it met strict criteria laid out in the Bill. The Bill lays out a procedure for dealing with people who go missing outside the State and for people from outside of the State who go missing in the State. It also clarifies what should happen if a person who has been presumed dead returns, including its impact on the status of marriages previously ended because of the presumption of death.

This Bill comes out of a hope that when the worst has been presumed, family members of the missing person do not have to suffer further difficulties than are necessary. It is rigorous legislation which fulfils an important gap in legislation that benefits nobody and adds only to the tragedy of missing persons. It is only one part of the suite of legislation that needs to be brought forward that will bring much support to the families of missing persons, including dealing with the Coroners Bill and other legislation that campaign groups have been seeking for many years. I hope all sides can support this legislation and I commend it to the House.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Is the Bill opposed?

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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No.

Question put and agreed to.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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I move: "That the Bill be taken in Private Members' time."

Question put and agreed to.