Mark Daly (Fianna Fail)

I commend Senator Terry Leyden for introducing this Private Members' Bill. There has been some debate as to whether the Government will support it. Senator Leyden would not argue the Bill, as drafted, is the finished article and accepts amendments need to be made to iron out the various issues raised by Senator Bacik and others, such as the voluntary nature of registration. Senator Leyden also made strenuous efforts to have this Bill put through the Thirtieth Dáil but to no avail. It was a poor reflection on the previous Government that a practical measure such as this was not implemented.

All Members agree on the need for wills to be registered. It would be a positive step, resulting in less stress for families during the immediate aftermath of a bereavement. The Government should support the Bill, as no alternative is in place or proposed. Existing statutory bodies could look after the registration of wills and subsequent record-keeping. As Senator Leyden stated, no information as to whether a will had been made would be released until the presentation of a death certificate to a solicitor. This would give comfort to those making wills that their business would be kept private. The issue is not the line-by-line assessment of the legislation but the Government accepting this is the right course of action. It should adopt this Bill rather than wait for the Law Society or others to produce another report.

While only 30% of families have wills, registration would be some ease. The heartache caused by lost wills adds to the anguish suffered by many families at a most distressful time. I hope the Government will table its amendments, bringing in proposals from the Law Society, so this Bill can move to Committee Stage and a registration of wills system can be established for the benefit of all citizens. I accept it will take time for such a system to become the norm. While the legislation makes registration voluntary, that too can be changed in time. The implementation of this legislation would not be a step in the wrong direction. The Government and others can strengthen these proposals. That would be a positive step.