Labhrás Ó Murchú (Fianna Fail) | Oireachtas source

I welcome the Minister, Deputy Alan Shatter, to the House and acknowledge the work done by Senator Colm Burke in bringing forward this finely balanced legislation. It is evident that Senator Burke and those who assisted him have given a great deal of time to considering the complexities and uncertainties which apply when it comes to missing persons and their families. I have raised the plight of people whose loved ones have gone missing on several occasions in this House. Each time I go to a railway station or walk the streets of Dublin and see the tattered bills hanging on poles with photographs of people whose families are seeking information on their whereabouts, I am struck by the limbo in which these people are living. It is not just the uncertainty of their loved one being missing or their not being able to grieve; it is the difficulties they face in trying to maintain some type of normal life.

As we know, bureaucracy can be very obstructive, particularly where the relevant legislation is inadequate or non-existent. It is quite easy to walk away from issues such as these, uttering sentiments of compassion before moving on to the next story.

Senator Burke has got behind the headlines in this. He realises as well that there are different stories relating to missing persons, for example, young people who in care have gone missing and, in the case of families, a spouse might have gone missing. He has encapsulated all of those issues quite well in the legislation before us.

My belief over the years, as I have said each time I have spoken on this in the House, is that I would first like to find some type of resolution for the people before we deal with legislation. I am not saying An Garda Síochána has not been doing good work in this regard, but having spoken to the families of people who are missing, and in some cases it appears they have been murdered, I began to realise that even from the point of view of investigating cold cases, a very urgent approach is required. There must be focused people involved in the investigation, and the investigation must be active at all times. Just because a long period of time has elapsed we should not take it for granted that answers cannot be found. Answers can still be found but what is required is a dedicated unit working on it, as well as whatever finance is required.

I accept that a helpline, which is long overdue, is very important. It certainly brings comfort to the people concerned when they can speak to somebody. However, more than that is required. There should be constant contact between the forces of law and the people who are still waiting for answers. I am not suggesting there is anything contrary to that in the Bill, but I am taking it back a step because I believe a great deal can be achieved. At times, in some of these cases one reads in the newspapers that a new line of inquiry is starting, particularly in the case of the unfortunate women who disappeared in a particular area. It is sometimes suggested that there is a link between those cases, but I believe the families at this stage have given up hope of finding them alive. That said, as long as they do not know what happened, there will be continuing trauma for them.

With regard to the detail of the Bill, it is very important to consider situations whereby if a family finds itself in that position, there is a legal opportunity for them to get their affairs in order. What we are discussing, without even going into the issue of life insurance or matters of that nature, is the legal opportunities they require. In most of the cases, the families have probably given up all hope and expect to be in a limbo until the end of their days. That is very sad. For that reason the legislation is very welcome. There are almost 400 people involved, which is a huge number. However, it is also an opportunity to work directly with them.

If the Bill is accepted and goes through all Stages, although I do not know what the outcome will be, it should not just be a matter of passing legislation. There should be a personal forum for the people involved, so they can get advice on what can be achieved. They might still not be capable of understanding what the opportunities are and there might be extra information available once they start to consider what options they have. I hope there will be an opportunity to meet with some level of the Government to discuss, as has happened in other cases, what the methods and costs are likely to be. Finance will be an issue for these people and they should be able to avail of any of the legal processes provided to them. That personal approach will not solve all the cases but it will help the families. I have spoken to some of the families and they are lovely people. They do not criticise anybody, they are just suffering morning, noon and night. Their family life has virtually come to an end. Even to get a letter, as I discovered when I wrote to some of the families, generates absolute gratitude simply because one made contact. I am not important enough to represent anything that might lead to some conclusion for them, but I hope the legislation will have that link to the community.

There was reference to the disappeared in Northern Ireland. Ten bodies have been located but seven have not. I did not know I would be speaking on this legislation this evening but I spoke on the Order of Business this morning about comments made by the Attorney General for Northern Ireland. I made the point that if we want the peace process on this island to come to fruition, it is vital to realise that it is about far more than just structures and policies. It is about decency and humanity. In any conflict situation the people who are bereaved and left behind suffer for the rest of their lives. I have long believed that if there had been a truth and justice or a truth and reconciliation commission, we would have built much more carefully towards what should have been done after the conflict had finished. We missed that opportunity. There might have been reasons for that which we do not understand, but I still believe it should not be ruled out.

However, the suffering of the people who are waiting for the remains of those seven people to be found has to be immense. As with all cases of missing persons, the fact that there is no body to bury or grieve over is like a second death. I hope and expect that in the near future progress will be made in discovering those seven bodies. There are many tragedies and many stories behind each tragedy, but one cannot walk away from any part of it. If one does not respond to each issue, whether it is the disappeared or missing, it will always be there and one will not have brought everybody along with the efforts being made.

I compliment Senator Burke on the work he has done. It is a finely balanced Bill. As we debate it further, it will become evident that many of the questions that arise about the complexities of operating legislation such as this are answered in this Bill.