Seanad debates

Wednesday, 13 June 2012

11:00 am

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I second the amendment to the Order of Business proposed by my colleague, Senator Thomas Byrne.

In regard to No. 17 on the Order Paper, Registration of Wills Bill 2011, will the Leader ask the Minister to reconsider the Government's legislative intentions in this regard in the light of the Private Members' Bill introduced by Deputy Liam Twomey, a former Member of this House, in the Dáil last week. The Advance Healthcare Decisions Bill 2012 which provides for so-called living wills was accepted by the Government and will, in due course, be passed into law. Ireland is one of only seven member states of the European Union without a system for the registration of wills. Five of the seven have initiated a legislative process in this regard, with Malta considering such a proposal. A convention on the establishment of schemes of registration was agreed to by the Council of Europe in 1972, but it was not signed by Ireland. It is fine to bring forward legislation providing for living wills, but there is no reason to suppose that all or even most such wills will ever be enacted, given that they may not be found when needed in a situation where so many solicitor firms have gone out of business in the current recession. The wills books held by such companies may be mislaid or lost and the wishes of those concerned will not be fulfilled. I have raised this matter before and intend to bring it to the attention of the Taoiseach as soon as possible. I am not interested in whether the Bill is in my name; my concern relates to the principle of having legislation enacted. On the one hand, there is so much unnecessary legislation, while, on the other, so many legislative provisions are being ignored. This is very important legislation, about which I have been contacted by several people who are concerned about it. We cannot have a situation where people's wills are lost and their last wishes not fulfilled.

Will the Leader consider this matter with his advisers and perhaps bring it to the attention of the Government?

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