Michael Kitt (Fianna Fail)

With the agreement of the House I wish to share time with Senator Ó Murchú.

I am delighted Senator Leyden has brought this Bill forward and congratulate him on doing so. It is unique and historic that a Senator from the Government side has a Bill before the House. As the Minister of State said, much data are available on computer, such as PPS numbers for children, but we need to do much more on wills and this Bill is a step in that direction. It might not be the answer to everything but it provides a way to find out where a will is, if one has been made. As public representatives we are all aware of situations that have arisen, some of which have been mentioned in this debate.

As a rural Deputy I am familiar with issues surrounding land. Often when people die difficulties arise within families and among relatives over the disposal of the land. Since we introduced single farm payments under decoupling in the Common Agricultural Policy there have been problems with land entitlements which are worth a significant amount but to which title cannot be established by young farmers without a will. Under the rural environment protection scheme, people expected to receive benefits deriving from the family farm after the owner of the land passed away but if no will had been made some of the schemes fell by the wayside. In many situations, land is sold that should not be sold. If industrious farmers in Galway built up their estates when alive, buying parcels of land or getting them from the Land Commission, we found that the next generation had great difficulty finding out where title to the additional holding originated. That is a concern.

The newspapers, in particular on Sundays, interview celebrities, although I am not sure what a celebrity is these days. Maybe it is somebody from showbusiness or sport. When asked if they have made a will most say they have not but will get around to it soon. It reminds me of a tradition in our diocese, Elphin, which may also exist in other parts of Ireland. The Bishop announces a "make a will week" every year. The charge for making a will is already small but local solicitors reduce it for that week. It is a tradition I would like to see encouraged and promoted in every diocese.

Senator Brady touched on the issue of an increasing number of legal firms merging, even in smaller towns and villages. This practice is beneficial in one respect, as legal firms become more viable. However, smaller legal firms are also being taken over. I experienced the effects of this some years ago, when a solicitors' firm wrote to me stating that it had taken over the small practice holding my will. Thankfully, the letter indicated that the bigger company had possession of my will, which was good to know.

I worry about a similar case coming about, or of a situation in which a person makes a will in County Galway, for example, before moving to Dublin for alternative employment. The person may forget where the will is or the document may be mislaid. Although this should not happen, there are instances where it has occurred. The notion of registration would be beneficial in this regard. Solicitors have given a positive response to Senator Leyden's Bill. Some solicitors have made the point that the scheme is voluntary, which people will generally welcome. Senator Tuffy alluded to this point. It is good that solicitors are also welcoming the scheme.

Many houses are now being built, both private housing and housing supplied by local authorities. We must be clear that the traditional family is not as prevalent as it once was. We should bear in mind that if a number of people living together wish to leave the property to another person in the house, they should be entitled and encouraged to do so rather than leave uncertain circumstances. This Bill has an air of certainty which appeals to me, and I hope that some of the points I have made will be taken on board. I thank Senator Leyden and the Minister of State.