Seanad debates

Wednesday, 20 November 2013

Civil Law (Missing Persons) Bill 2013: Second Stage

 

2:50 pm

Photo of Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

I welcome the Minister. I particularly welcome Senator Colm Burke's initiative which has us all in agreement. His Bill addresses a clear lacuna in the law governing the management of the state of a missing person presumed dead and is in keeping with the recommendations of the Law Reform Commission's report, Civil Law Aspects of Missing Persons, which was published in January. As Senator Burke stated, between 7,000 and 8,000 people are reported missing each year in Ireland, which is almost 20 every day. Thankfully, the majority of these people turn up or are found within a very short period. Less than 1% remain missing indefinitely. According to the most recent figures from the Garda missing persons bureau, of the 62,462 people reported missing between 2003 and 2011, 382 remain missing.

The Bill deals with the civil law status of long-term missing persons and allows for the making of a presumption of death order in two cases: where the death is virtually certain or where the length of disappearance indicates that the person is dead and will not return. The Bill before us is important not just from a practical point of view in allowing a spouse, civil partner, cohabitant or other family member of the missing person to manage his or her estate and tie up loose ends, but also in facilitating the grieving process. All too often the family and friends of a long-term missing person are left in perpetual limbo with no movement or opportunity for closure, even in circumstances where death is virtually certain or the length of time missing suggests the death of a person.

While cross-party support is very welcome, I hope it means we can progress the Bill through this House and the Lower House without delay. It must be unbearable to have a loved one missing. The Bill would allow the State to play a small supportive role in an absolutely unbearable time for a family. While the numbers seem relatively small, we know the effect each missing person has on his or her direct and extended family and local community.

I wholeheartedly support the Bill and will support it throughout each Stage. I agree we need to ensure the process is robust. I welcome the initiative taken by Senator Colm Burke. All too often we see reports published without action. It is very welcome he has taken the initiative of bringing the Bill before the House.

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