Results 2,381-2,400 of 9,753 for speaker:Terry Leyden

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I welcome the Minister of State and the Registrar General, Mr. Ciaran Feely, to the House. I am not prepared to accept this amendment, although since it is out of order, it does not arise. I am discussing the section itself.

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: The matter of fees generally will be a matter for the Minister if and when the Bill is enacted.

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I am grateful for the moving of these amendments and the amount of thought Senator Tuffy has given to this Bill. As a qualified solicitor, her input is very important. We took account of her amendments in our own amendment. I was prepared to take on board other amendments as proposed by Senator Tuffy and the Labour Party because I know of her experience. In that regard, we have taken on...

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I move amendment No. 5: In page 8, subsection (1)(b), line 11, after "will" to insert "specified in the Schedule".

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: Could Senator Browne indicate the amendment to which he is speaking?

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: We looked at this very carefully. The basic principle of the Bill is to have a central registration system confined to the State alone, not outside the State or having any implications outside it. The Bill came about because, at present, there are 2,200 registration systems in Ireland — that is, 2,200 solicitors' offices — but no central registration system. As far as matters relating...

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I move amendment No. 7: In page 8, between lines 20 and 21, to insert the following subsection: "(5) Subject to section 7, when the will is registered pursuant to this section, that registration shall subsist notwithstanding any further registration pursuant to subsection (3).".

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: We are making history because this is the first occasion on which a Government Senator has brought forward a Private Members' Bill.

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: We are all new to this procedure, in respect of which there is no precedent. I am glad the Minister of State and the Registrar General are present because it creates an awareness that there is no register of wills. The first matter I should clarify is that wills will not be deposited at a central location. There is no possibility that the contents of wills will be disclosed to outside...

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: Such breaches are covered under the Official Secrets Act and other relevant Acts. Total confidentiality applies in the Registrar General's office. There are sanctions in place in the Civil Service which it is not necessary to repeat in the Bill.

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I move amendment No. 10: In page 9, before section 13, but in Part 3, to insert the following new section: 13.—(1) The registration or non-registration of any wills, including codicils, pursuant to this Act shall not be evidence of and shall not provide any presumption of— (a) the existence or non-existence of any wills, including codicils, whether registered or not registered pursuant to...

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: The Law Society's views are welcome and it studied this section, but the society is a vested interest. Many solicitors have mislaid wills, and wills have been stolen. There is no control on the 2,200 solicitors' offices, some of which are competent and some of which are shoddy. Offices may go out of business and close down but what happens to their files? Many issues arise. If the Law...

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: The reason for no presumption or evidential basis is so that the law of succession is not amended. The purpose of registration is so that mislaid wills may be found. The register is meant to be an aid to finding mislaid wills. That is the fundamental issue. A Council of Europe recommendation exists in this regard but it has not been ratified by the State. It promoted the idea of a...

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I was waiting for the Bill to be passed.

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I do not want my last will and testament to be lost, mislaid or misplaced and anyone to be deprived of the meagre——

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I read a very good article in a magazine this week. I very much appreciate the expertise of the Minister of State, Deputy Brian Lenihan, who is a senior counsel, and the General Register Office in this regard. I considered all the aspects of the matter. I was attracted to the idea of the General Register Office as the location because it is located in my constituency in Roscommon town, but...

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I thank the Minister of State for his view.

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: The Bill relates to the registration of wills. The main body of legislation deals with fining and any changes to the system of fining should be left to the Minister. I agree with the overall principle outlined by Senator Browne. I support the index-linking of fines in any legislation the Minister intends to bring forward. The principle is a good one and avoids the need to amend...

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: I thank the Minister of State for attending this session. We have created a precedent. I express my thanks to the Leader, Senator O'Rourke, who encourages Members to use a function, which is open to Members of both Houses but is especially active in this House, to bring in legislation. Successful legislation has been tabled in this House. Members will recall the Suicide Bill tabled by the...

Seanad: Registration of Wills Bill 2006: Committee and Remaining Stages (13 Dec 2006)

Terry Leyden: That latter issue does not require legislation. A person should be informed immediately by the solicitor that he or she has been appointed an executor of a will rather than informing him or her in the future. The Bill contains a number of provisions which I will draw to the attention of the public. I thank the Minister of State for coming to the House and expressing his point of view. I...