Colm Burke (Fine Gael) | Oireachtas source

I raise the issue of the Civil Law (Missing Persons) Bill, which I have published, and do so in regard to the recent case in County Tipperary of a person who had been missing for two years whose remains were found in a slurry tank. This highlights the situation that where a body is not found a death certificate cannot be issued and nothing can be done with a person's estate until a period of seven years has passed. The Law Reform Commission published a detailed 166-page report in January so the groundwork on this has been done. My Bill was drafted on foot of that report. I have already written to the Minister for Justice and Equality about this but I ask the Leader also to make representations to him. It would be appropriate at this stage. We could start the debate on the issue and if the Department wishes to add to the Bill as published there is no reason that could not be accommodated.

The case in County Tipperary I highlighted is not the only case where this has arisen. There are a number of other cases where families cannot deal with the estate because there is no legislation covering that issue. I ask that the matter be brought to the attention of the Minister, that on the next occasion he attends the House we might raise it with him and that we try to move forward the Bill as currently published.