Camillus Glynn (Fianna Fail)

The Bill brought forward by Senator Leyden brings into focus the worth of this House as a House of legislation. Many people have said in the past, unjustly and unfairly, that this House is a talking shop. This Bill puts the lie to that pronouncement.

The Registration of Wills Bill is short but it is important. It regularises a whole area of life that has not been regularised heretofore. As everybody knows, where there is a will there is a way but I remind Members that, invariably, where there is a will there is a relative, and that is where the problems start.

I recall a family situation where the owner of a farm died intestate. For many years the family squabbled over who should or should not have the farm but in the end nobody got it. The farm was in debt. There was interest and compound interest owed to the banks and it was good to nobody. That is a clear example that if legislation of this nature was in operation, that situation would not have obtained.

The legal profession can play a pivotal role in ensuring that people make wills. We do not know the day or the hour, as we were told by the great man from Nazareth, when death will come like a thief in the night. It can befall any of us at any time. It is only proper and responsible, therefore, that people would have their affairs in order and family lawyers and people of that nature have an important role to play in exhorting people to make a will. That is very important.

Another area where the Bill will be of tremendous help concerns people in long-stay care institutions who have property. Senator Leyden will agree that is an aspect we may have to examine in the context of the Bill. Having worked in the health services for many years, I have a great deal of experience of people in long-stay institutions, whether it is geriatric or psychiatric hospitals. Some of these people are there voluntarily and are not wards of court. Therefore, they are in a legal position to determine what should be done with their property. That is an area I would like to see addressed in some shape or form but "will" is the operative word because it comes down to the will of the person and what he or she wants to do.

Senator Leyden referred to people who had bequeathed their property to A, B or C but in some cases that did not happen. For example, some years ago, as a member of Westmeath County Council, my assistance was sought in regard to getting a local authority loan approved for people who wanted to extend their house. A will was made but it was made in a slip-shod way. It was witnessed but the saga went on for over two years. It cost the person concerned a lot of money and it cost the lawyer concerned a great deal of time. This measure proposed by my colleague, Senator Leyden, will go a long way to resolve that difficulty.

I am pleased to note that under section 12, An Ard-Chláraitheoir or a member of his or her staff authorised by him or her can search the register of wills and provide a certified copy of an entry in such register at the request of an applicant on payment of the appropriate fee, provided the death of the testator has been registered or the applicant is the testator. This means that a copy of the register entry is only available to the testator or to someone else on the death of the testator. That is an important provision because it protects the privacy of the person who made the will.

To return to my earlier comment to the effect that where there is a will there is a relative, one does not have to be a rocket scientist to know what has happened when the appropriate will was not made but natural justice was not done. People will say that one will not get justice in a court; one has to go to Heaven. That is a viewpoint held by many but my point is that wills have been contested by people who were motivated by nothing other than greed and the people who had the moral entitlement to the property did not get it. However, morals have no basis in law. The law comes down to what is written on pieces of paper such as this one. That is the law when we pass a Bill in both Houses and when the President signs it into law. If a person wants to leave their property to somebody when they pass from this life, or in the course of this life, it is important that the spirit and the detail of that person's wish is upheld and administered. That is why this Bill is important.

Much of what I want to say about the Bill has been said by the initiator, Senator Leyden. I look forward to Committee Stage. Some amendments may be exercising the minds of Members of this House, the public or the legal profession. When this Bill is enacted, I ask the Minister to initiate a public awareness campaign to ensure that every citizen is made aware of it. This is one of the most important pieces of legislation that has come before this House. It is a small Bill, but is worth its weight in gold. Once enacted, the State and the public will save money. While members of the legal profession like to make money, which they will do and are entitled to do, it will save legal time that could be spent in a more fruitful way.