Results 8,881-8,900 of 21,096 for speaker:Charles Flanagan

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: This is a Government amendment.

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: We can refer back to that change at a later time. It will be dealt with.

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: A presumption of death order should be conclusive insofar as the end of a marriage or civil partnership is concerned. These amendments deal with the issue of marriage. Following discussions with the Office of the Attorney General, I am proposing in amendment No. 46 that either party can apply to the High Court for a rather novel form of declaration which, if granted, would have the effect...

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: To address any doubt in regard to the previous amendment, it creates a situation broadly similar to that in the United Kingdom. Amendment No. 8 deals with expenses and is a standard provision which Senator Colm Burke and the other proposers of the Bill will concede was not addressed in the original Bill. Senators will also agree that this is standard practice and a standard provision.

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: As a consequence, yes, and that will be reflected in the Bill as passed.

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: This relates to the matter of applicants in section 2. Senators will see that section 2 of the Bill specifies the persons who may apply for an order under the provisions of the Bill or the Act, as it will be. Amendment No. 10 inserts a specific provision for a half-brother or half-sister to be an applicant. This is in line with the provision in legislation in Northern Ireland relating to...

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: These definitions have been accepted in law for a long time and would indeed be a consequence of the Succession Act with regard to entitlements under succession and establishing relations, whether by blood or accepted practice, and other aspects of legislation which were overlooked or omitted in this Bill but, in the circumstances, would reflect what is in essence an important interested...

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: Amendment No. 14 relates to evidence in section 4 of the Bill and the presumption of a death order in respect of the missing person. The amendment is "In page 5, lines 15 to 17, to delete “fruitless” in line 15 down to and including line 17 and substitute “fruitless;”." I say this because the manner in which evidence should be provided to the courts is a matter...

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: These amendments introduce a measure of clarity and ensure strict coherence with existing arrangements which apply in respect of the registration of life cycle events in accordance with the Civil Registration Act 2004. These amendments have been developed following consultation and in close co-operation with colleagues in the Department of Employment Affairs and Social Protection....

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: The registration process for which we are providing will place the onus on a court, once a presumption of death order has been made, to provide for the civil registration service the appropriate details to facilitate the registration of a presumed death. The appropriate registrar of the civil registration service will then formally register the presumed death.

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: I am proposing these six amendments on behalf of the Government in acknowledgment of the fact that the Bill will give both coroners and the courts a role in the matters in hand. Presumption of death orders should only be made by a court. Other associated matters should also be dealt with by a court. I do not envisage a role for coroners in matters addressed in the Bill. The amendments...

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: As I said when introducing the amendments we have just considered, my view is that presumption of death orders should be made by a court only. Other associated matters should also be dealt with by a court. I am proposing revised jurisdiction provisions in amendments Nos. 40 and 48 because, as amendment No. 40 makes clear, my view is that applications for variation orders under section 7...

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: As Senators will be aware, these amendments follow directly from the revised definition of "missing person" as someone whose existence has become uncertain because he or she has disappeared without trace and there are no signs that he or she is alive. The distinction between a death which is virtually certain and one which is highly probable allows for a differentiation in the time period...

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: These are technical amendments. I am not sure of the extent to which they require debate. I ask Senators to accept them as being self-explanatory.

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: This is merely an amendment to what was an incorrect cross reference.

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: In amendment No. 37, I am proposing to delete the words "being administered by the person who applied under section 5". This is because section 6 requires the applicant to effect a policy of insurance in respect of any claim which might arise from a variation order. It further provides that the insurance premium should be a charge on the estate of the missing person. The amendment proposes...

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: This is to insert a new section after section 7. The purpose of the new section 8 is to ensure that all affected parties are put on notice as to the making of applications for presumption of death orders or variation orders under section 4 or section 7 to avoid any injustice that might ensue if an application were to be made and an order granted in the absence of the parties. Section 4(5)...

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: That will follow to be sure that the references are in line with amendments we have already made to the Title.

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: I propose that we take the next Stage now but I am conscious of what Senator Paul Daly said earlier. I very much regret if he did not have an opportunity to-----

Seanad: Civil Law (Missing Persons) Bill 2016: Report and Final Stages (28 Jun 2018)

Charles Flanagan: I want to acknowledge the importance of this legislation. It is a Private Members' Bill. It is not often that we have an opportunity in either House to complete all Stages of a Private Members' Bill from start to finish. I was very pleased, on behalf of the Government, to assist Senators Marie-Louise O'Donnell, Colm Burke and Lynn Ruane on this legislation. I am aware that all the...