Seanad debates

Wednesday, 20 November 2013

Civil Law (Missing Persons) Bill 2013: Second Stage

 

3:20 pm

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I thank the Minister for his comments. I also wish to thank Senators who have contributed to this debate, including Senators Naughton, Ó Murchú, Bacik, van Turnhout, Barrett and Ó Clochartaigh, for their constructive comments. This is only the start of the process and I fully agree with what the Minister said in that regard. He said the legislation we enact must put in place a robust system that can address civil law issues and be capable of withstanding challenges. I fully agree with him that it is a complex area and constitutional issues must be examined carefully. I fully understand his Department's position that it will take time.

In August, I had the privilege of meeting Mr. Cooney from the Department of Justice and Equality, who has since retired. I had a discussion with him and he was extremely helpful. I wish to thank both him and other departmental officials for their observations at that stage.

I wish to acknowledge the work of the Joint Committee on Justice, Defence and Equality in this area. In addition, the Law Reform Commission has produced a comprehensive report. The legislation I have brought forward is very much based on the commission's own draft proposals. I wish to thank the commission's members for their contribution.

I have discussed the matter with Ms Maria Baker SC, who has offered to give her assistance on this matter. It is important for us to work together on the outstanding issues. There is no doubt that there will have to be amendments to the Bill because it deals with a complex area. Once the Department and the Office of the Attorney General have carefully considered the legislation, they will be bringing forward constructive amendments. I do not think we will have any difficulty in accepting them. We need to deal with this area, although it only affects a small number of people annually. As the figures provided by Senators van Turnhout and Naughton show, however, over the past ten or 11 years over 382 people have gone missing without trace. It is important for their families that we should move forward with this legislation.

I thank everyone, including the Minister, for contributing to this debate.

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