Seanad debates

Thursday, 16 February 2017

Civil Law (Missing Persons) Bill 2016: Second Stage

 

10:30 am

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

I thank the Members who signed the Bill with me, namely, Senators Marie-Louise O'Donnell and Ruane and I thank them for their assistance in this matter. I thank Members who spoke on the Bill from each of the parties, that is, from Fianna Fáil, Labour and Sinn Féin, and all the independent Senators, who have supported this Bill today. I believe in working together and Senator Ruane referred to that matter. This is an issue on which there is no political divide. While this issue affects only a very small number of people, it is important for them that some legal structure be put in place for them.

As I said at the outset, well-prepared and well-researched reports have been produced in the course of which people have spent not just one or two days but in many cases up to 12 months looking at and going through all of the complexities this issue throws up. They prepared a very detailed report and researched the issues both here in Ireland and in the common law jurisdictions and in other areas. They researched in Australia, Canada, Scotland and Northern Ireland. They did not rush into drafting a report. They prepared a very detailed report and, as Senator Marie-Louise O'Donnell referred to, they gave very detailed recommendations as to how it should be dealt with. These reports should not be parked. That is why I have looked at this very carefully. I introduced a Bill in 2014, which obviously fell when the Dáil was dissolved, but I reintroduced it in July because this issue should not be parked.

While I hope it never happens here, I will bring up the issue of what happened in Asia, where an entire plane disappeared and only very small parts of it have been identified. If such a case occurred, and I hope it never does, would we have to come into these Houses and rush through emergency legislation to provide for the families? Had Irish people been on that specific plane, would there have been a legal structure in place for any family to deal with it? This issue should not be parked.

I thank the Minister of State, Deputy Canney, for his contribution. I accept what he is saying. This is not written in stone. The issue he raised in respect of the marriage question is very important and complex. I am not in any way qualified to say what I have set out in the Bill is the position that has to be accepted.

Senator Bacik raised the fact that the Joint Committee on Justice and Equality has dealt with this in great detail and has spent a lot of time on it. I am concerned that matters coming before committees of the House or joint committees are then sometimes parked. We should not be dealing with that.

I accept that each Department has its own priorities for legislation. It has its A list, which is a priority, its B list, about which something must be done and its C list, to which it must try to get around at some stage. The groundwork is done. I remember being involved with the youth section of my party long ago. We wanted to bring about a change in the law of illegitimacy whereby a child born outside of marriage had no legal right to his or her father's estate. I remember that on starting that campaign, we set out that it would take us ten years to get the law changed in that area. I remember holding public meetings and getting signatures in the street during that campaign. I thought ten years was very far-fetched. It actually took us seven years to get the law changed.There are young people here today who might think it strange law that a child born outside of marriage had no right to the father's estate, but that was the law in this country until 1987. It took us seven years to get that law changed. We are now running to seven years from the time the Law Reform Commission report was published to get this law changed.

I appeal to the Department to take this on board, if possible. The groundwork is done. I accept that amendments are needed and that and all the loose ends need to be tidied up. I believe we should progress it and move it forward. I thank the Minister of State for his contribution and I thank the Department for examining this matter and coming forward with constructive proposals for amendments. I have no difficulty sitting down and dealing with the matter.

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