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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...

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

Terry Leyden: I do so on the basis that this is setting an historic precedent. I concur with Senator Tuffy's comments about the Succession Act, introduced by the late Mr. Brian Lenihan Sn. It was the most innovative succession Act anywhere in the world. Up to that time, spouses were often thrown out of their houses which were left to children or strangers. When a husband died, the widow had no rights....

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

Terry Leyden: They have all been very helpful.

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

Terry Leyden: The Leas-Chathaoirleach must admit this is an unprecedented situation in the history of the State.

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

Terry Leyden: I thank the Minister of State for coming to the House.

Seanad: Defamation Bill 2006: Second Stage (Resumed). (13 Dec 2006)

Terry Leyden: I welcome the Minister of State at the Department of Finance, Deputy Parlon, and his staff and advisers from the Department to the House. When I discussed this Bill last week, we had an opportunity to consider it over the weekend. I read a very interesting article in the Irish Independent by an eminent journalist named Colum Kenny, in which he put forward a very fair and balanced view in...

Seanad: Order of Business (12 Dec 2006)

Terry Leyden: Deputy Twomey did.

Seanad: Order of Business (12 Dec 2006)

Terry Leyden: I share the House's grief and sorrow at the shooting dead of the sub-postmaster in Kilkenny. It is a disaster for his family. He was a brave and courageous postmaster and we should send our sympathies to the postmasters' union on the tragic murder of a brave person.

Seanad: Order of Business (12 Dec 2006)

Terry Leyden: I personally sympathise. Will the Leader of the House have an early debate on the Competition Authority's view on the legal profession? I issued a detailed statement on this. I do not agree with the removal of restrictions on barristers and solicitors advertising. We stopped this type of advertising on a previous occasion. We all remember the ambulance chasers who sought clients and took...

Seanad: Order of Business (12 Dec 2006)

Terry Leyden: This is what they recommend and it was restricted. The great Law Society of Ireland told me it does not support the Registration of Wills Bill 2005. It tries to stop investigation and the introduction of regulation to control its business. It got away with murder on the registration of wills.

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