Lynn Ruane (Independent) | Oireachtas source

I thank the Minister of State for being here. Again, I will not need the eight minutes allowed as I do not want to repeat what others have said. I thank Senator Colm Burke for approaching me to support this important legislation and for his tenacity in ensuring this issue is dealt with in Seanad Éireann. I welcome the work of the Law Reform Commission on the issue of how our legal system deals with missing persons. I commend, in particular, its 2011 consultation paper, Civil Law Aspects of Missing Persons, which provides a comprehensive analysis of the drawbacks of our current legislative framework and makes recommendations on the improvements that can be made in how the State responds to the many issues that arise from circumstances where a person is missing.

I can only imagine - in fact, I do not have to imagine because I have a friend who is missing, presumed dead - the stress for a family or a community that has to deal with a situation where a loved one has gone missing. To be completely in the dark and unaware of the whereabouts of or the circumstances leading up to a loved one going missing is one of the most heart-breaking ordeals. In the tragic circumstances where this occurs, there is little that we can do to provide solace to a family that has to respond. However, what we can do is ensure that when this happens, the State is able to make the post-disappearance legal process as simple, straightforward and manageable as possible. Moreover, it is abundantly clear that our current legal process in respect of matters such as these does not meet these criteria.

The Law Reform Commission’s 2011 paper details how one of the greatest challenges to families having to cope with these situations is one of "ambiguous loss", where much of the emotional impact on those left behind can be attributed to the lack of information when a person goes missing. These are people who are vulnerable and for whom this can impact hugely on their lives. Beyond the emotional impact, there are immediate practical and financial Implications that families have to deal with such as accessing bank accounts, making mortgage repayments and other issues relating to property. The fact that, under our current arrangements, families can be caught in this limbo for seven years is unacceptable and shows just how much we need to reform the system.

The Bill sets out clear processes for the appointment of an interim estate manager, the process by which a presumption of death order can be obtained and the circumstances in which such orders can be dissolved in cases of reappearance. This Bill may only affect a small number of our citizens but to those it will affect, it will mean a great deal.I am proud to support the Bill. I acknowledge when we work together we find areas that we can work together on and all agree on. I and other Senators from the Opposition and the Government supported this Bill. It is something that we should use in the future when the vulnerable are affected. We should be looking to other areas where we can agree In order that we can start pushing legislation as important as this Bill through the House as quickly as possible.