Sean Barrett (Independent) | Oireachtas source

I welcome the Minister, as always. I thank Senator Colm Burke for his Bill. Those of us who know the Senator know him for his thoroughness and conscientiousness, and those characteristics shine through in the Bill. Like the other speakers, I welcome what we are doing here. Senator van Turnhout has just said how important these events are. I remember the little posters and scripts for Trevor Deeley throughout town as his family searched for him. I believe he disappeared very near this building. I also think of Jo Jo Dullard who was so liked by her family and wanted to be with them that she was trying to get home one night and was last seen near Castledermot. We should reach out to the families who so sadly miss people such as the two I mentioned.

It is important we assist those who are grieving without confirmation or evidence of the death of their friend or relative. Senator Bacik mentioned a day of remembrance and perhaps a place of remembrance. Should we consider a section in graveyards and cemeteries for those who do not have a body but would like to go there to remember the spirit of those who they know in their hearts have departed? The importance of that was illustrated when the well-known broadcaster and graduate of UCC, Graham Norton, stated he did not really appreciate west Cork and Ireland until he came back for his father's funeral and realised that Cork meant much more to him than London where he lives for most of the year. It is important for our society that we assist those who have had this grievous loss and who are, as other speakers have said, left in that limbo for the seven years.

I welcome the sections that provide for access to bank accounts to pay utility bills within 90 days and the manager to operate the estate for two years with the possibility of renewal for two years. Section 4(13) provides that a coroner can make a presumption of death, which is useful to the Minister and to us as a deliberative assembly. Coroners have experience and if they are able to make such a recommendation, I would reckon that in 99% of cases in these circumstances we may take it that the person could be safely declared as dead - virtually certain as outlined in the explanatory memorandum.

The current situation is cruel because of the weight of the seven year requirement, which we are addressing.

I welcome the indication that the Minister will also be supporting the Bill. That is commendable and shows again the valued role of Parliament in assisting people who badly need our assistance in these matters.

What kind of things might we consider? The Bill provides for the Attorney General to keep a register of presumed deaths. Could the Attorney General review the long-term cases for the purposes of offering presumption of death orders to family members? How much of this process would he wish to be the guardian of and how much of it would the Minister want him to be in charge of? In respect of some of the ways in which banks operate, will this section deal with access to bank accounts to pay utility bills? We might look at that in the future to see if the legislation should oblige the banks to release the money to the family once an interim manager has been appointed. In respect of deaths abroad, if our expertise in the Department of Foreign Affairs and Trade and consulates can assist this process by saying that person X was in the area where a tsunami, hurricane or typhoon took place, we could allow the Department in its reflective judgment to certify that a missing person was dead rather than putting the expense of visiting those countries on the relatives. We might consider letting the Department register a death overseas and issue a certified copy of the register to the General Register Office.

Those are just suggestions. It is an important part of life which Parliament can assist. We all agree that seven years is too long a period to wait in a situation of grief and stress. I am very proud to be associated with Senator Colm Burke's Bill and I commend it to the House.