Hildegarde Naughton (Fine Gael) | Oireachtas source

I second the motion. I thank my colleague, Senator Colm Burke, for bringing this Bill to the House. It was only after reading through it that I realised the huge difficulties facing families when a loved one goes missing for a long period. Senator Burke's Bill is intended to put in place a statutory framework for the making of a presumption of death order in respect of the two categories of missing persons, as outlined by the Senator.

People are reported missing on a daily basis to An Garda Síochána and, in most cases, they turn up within a short timeframe. The verifiable statistic for missing persons in this country is 393 between 2003 and 2011. People go missing for a variety of reasons. Some want to break contact with their family for emotional reasons, financial reasons, because of mental illness and so on. Whatever the reason, their actions, which only they can justify, can cause enormous pain to their families and friends. As I said, 393 people are listed as missing in Ireland. Nobody in this House can articulate or understand the pain of the families of missing people, hoping each day for news and some type of closure to their ongoing pain. Their suffering is magnified in the limbo of not knowing what has become of their loved ones.

When a person has been missing for a considerable period, certain issues must be dealt with, however painful this is for the family. The Law Reform Commission report entitled Civil Law Aspects of Missing Persons states that under the current law, there is no process by which those left behind can deal with the immediate practical and legal issues that may arise. As a consequence, those left behind often suffer a range of financial consequences. For example, the bank accounts of a family bread winner may become inaccessible. It may be difficult to claim social welfare benefits. Interest on any outstanding loans may increase. Mortgage arrears may increase and, in some cases, the sale of a family home may be prevented. It is important, therefore, that some type of interim manager be appointed to ensure there is an efficient system in place to protect the affairs of the missing person and his or her family members, as required.

There are important issues to consider. For instance, what is the situation for spouses or civil partners who may wish to move on with their lives after a period of time? Are such persons classed as still married or being in a civil partnership? What will happen to any legal entitlement to any assets from the affairs of the missing person? The Law Reform Commission report states that the law should be responsive to the complexity of consequences that arise in these situations and is of the view that the current position does not meet the requisite standard. In considering this legislation we must be mindful of the anguish of families, while at the same time seeking to protect the legitimate interests of the missing person. Provision must also be made in the event of a missing person turning up after being missing for a lengthy period, although such scenarios are few and far between. The Law Reform Commission recommends that an insurance bond be taken out in order to cover any financial loss to the missing person that may arise. Such a measure should be incorporated into the Bill.

There have been several high-profile missing person cases in Ireland over the years. These include the women who went missing in the Leinster area in the 1990s and the disappeared in Northern Ireland. Somebody knows something about these and other cases. I urge anybody with any information to notify the Garda and thereby help to put an end to the long-term suffering and pain of the families. I take this opportunity to commend the missing persons helpline on its work in supporting families whose loved one has gone missing. If there are people who do not, for whatever reason, want to be found, they might consider contacting the helpline. The people who run the service can act as intermediaries in passing on a message to worried families, thus relieving some of their anxiety and stress.

This Bill will require a lengthy and comprehensive debate in this House. I thank Senator Burke for bringing the issue of missing persons to the fore in order to protect their best interests and those of their families.