Lorraine Higgins (Labour) | Oireachtas source

I commend Senator Quinn on his work and dedication in bringing this Bill forward. The current legal scenario, as we have seen in numerous cases, has the potential to compound the difficulties of family members mired in already tragic situations. That someone convicted of murder should possibly benefit from the joint tenancy shared with the person whose life was taken is terribly unjust. This needs to be rectified with haste and I hope tonight's proceedings make a significant contribution in this regard.

As noted, the stated aim of the Bill is to provide for assignment of property rights deriving from a joint tenancy in circumstances where one co-owner is killed by another co-owner. I agree that the current law is inadequate in this regard. However, I am also cognisant of the advice given by the Attorney General with regard to the Bill. My concern is that, as the Attorney General advises, the Bill in its current format may be unconstitutional and that, if it goes forward, we could encounter difficulties down the road. These difficulties could be avoided if the Bill were reformulated in line with the comments of the Attorney General.

It is also important to note the work being conducted by the Law Reform Commission, which has set up a consultation process on section 120 of the Succession Act 1965. The deadline for submissions was 26 January. Under this process, the commission is examining the provisions of section 120 in depth and sought submissions on the section, including the reform of the section of the Succession Act as it applies to property held in a joint tenancy, which is the primary focus of Senator Quinn's Bill. However, the report from the Law Reform Commission will not be available until later this year. We should do every thing we can to expedite it because the findings of the report, along with Senator Quinn's proposition, will be a key element in deciding how best to address the amendments needed. It is my contention that these must be considered before finalising legislation. We must act in haste on this point.

Like many Oireachtas Members, I acknowledge and admire the tremendous work of Senator Quinn on this and other Bills. However, if the Bill was to proceed in its current format, it would run into difficulty. People convicted of murder and manslaughter, who seek to benefit from legal estates, could prolong the difficulty and tragedy for families by challenging the legislation before the High Court or the Supreme Court. That does no one any favours. We do not want to enact legislation that may lead to further revision down the line.

The Bill requires a swift response. I expect the Law Reform Commission to deliver its report as promised. I want to see it happen as quickly as possible. The Minister for Justice and Equality should ensure the Government works quickly to implement any changes suggested. I commend Senator Quinn for putting the issue on the legislative agenda and I am supportive of the essence of what he is trying to achieve. Once the Law Reform Commission report is forthcoming and the Attorney General has had the opportunity to appraise the report and consider the principles and essence of this Bill, it will ensure a substantial change in the law and give families some degree of relief.