Seanad debates

Wednesday, 5 April 2017

10:30 am

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

There was a debate a few weeks ago on the Civil Law (Missing Persons) Bill 2016. It was agreed that it would go on to the next Stage. It was also indicated by the Minister that the Bill would not be dealt with for at least 12 months.

Since that debate, I have received a number of calls from people whose family members are missing, some of them for a number of years. Often, all indications are that the missing person has died but the remains have not been found. In such cases a death certificate cannot be issued. One parent told me that there is clear evidence that his or her family member died more than two years ago but the body was not recovered. I wrote to the Minister for Justice and Equality, Deputy Fitzgerald, asking her to request the coroner to hold an inquest. The Minister has the power to do so. As a result of that letter, the Garda called to the family and took DNA samples from the father to see if the DNA matches with bodies which have been discovered on the coasts of Wales and Scotland with a view to bringing a conclusion for that family. It is sad that it has taken two years for the authorities to take DNA samples to cross-check for a match with bodies discovered on the other side of the Irish Sea. I ask that this matter be taken up with the Minister and that a far more effective system be put in place to avoid delays of two, three or four years.

I do not see why we should wait for another 12 months for the Civil Law (Missing Persons) Bill 2016 to progress. There is no real cost to the State for implementing the changes but the Bill will bring about changes which will bring conclusions for many families where there is no body discovered or death certificate issued. In the case of the tragedy of the Coast Guard Rescue 116 helicopter off the west coast, the Coast Guard have recently called for the fishing community to help locate the bodies. While I hope that the bodies are recovered, if they are not, those families will have to wait in the same way as other families. It is not right that the families of people who have given a huge contribution to the State should be treated in this way. I ask the Leader to ask the Department of Justice and Equality to progress this Bill and bring it to a conclusion.

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