Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the importance of this debate. I join the Cathaoirleach in extending our welcome to the former Minister of State, John Moloney, and his guests. I apologise for the disappointment they must feel when they see me on my feet in the Seanad when they can hear me in Mountmellick any day of the week. I acknowledge his contribution both as Minister of State in the Department of Health and during his many years as a public representative for the people of Laois-Offaly. I welcome him back this afternoon.

I have not had the opportunity heretofore to make any comments in respect of this Bill. I would like to put on record my acknowledgement of the work done by Senators Colm Burke, Marie-Louise O'Donnell and Lynn Ruane in highlighting and championing the need for reform in this area and in seeking to advance the proposals which were put forward by the Law Reform Commission in 2013. On behalf of the Government, I accept fully the principle which underlies the Bill. It should be supported for that reason. It was agreed last February that the Bill would not be opposed on Second Stage. However, as indicated during the course of the Second Stage debate, the basis for that agreement was that the Bill would need to be amended. It was also indicated that it was likely to be close to the end of the year before the necessary amendments could be progressed. Preliminary work has been taking place in this regard with a view towards having the necessary amendments finalised in co-operation with the Office of the Attorney General before the end of this year. It is a source of regret to me that we have not been in a position to move more quickly with this Bill due to competing complex legislative demands. For that reason I am not in a position to bring forward an appropriate set of amendments this afternoon. I am confident, however, that it will be possible to have the appropriate amendments ready for Report Stage.

I acknowledge that this will take a bit of time and any amendments will require the consideration of Government, which will have to take place prior to the debate. Every effort will be made to facilitate a meaningful Report Stage debate before the end of the year in which we can have the appropriate amendments and deal with the issues on a line-by-line basis. At this stage, having regard to the fact that we are well into a very busy Dáil and Seanad term, I am more hopeful than certain that this will be achievable within the timeframe sought by the Seanadóirí.

I am happy to engage with Senators on the matter of the Bill. I would stress that amendments may be needed which have not yet been contemplated and which may only become evident during a deeper analysis of the Bill. In the meantime, my officials will be happy to engage with Senators in developing the necessary and appropriate amendments. I am sure Senator Colm Burke, as an experienced legal practitioner, will be in a position to work with us in order to make progress. I also know from Senator Marie-Louise O'Donnell's track record of co-operation and working closely with Government that the same will apply for her.

There are a number of issues of importance, not least the important definition of a missing person. The definition under the current arrangements is much too broad in that it essentially addresses a situation where a person has temporarily gone missing rather than where the person can be presumed dead. This goes to the heart of the legislation and will need to be changed in order to avoid unintended consequences. Senators will be aware of a possible definition which forms part of a recommendation from the Council of Europe. This defines a missing person as "a natural person whose existence has become uncertain, because he or she has disappeared without trace and there are no signs that he or she is alive". I regret that we are having somewhat of an unusual Committee Stage debate but I will commit to further and more detailed engagement with Senators on Report Stage.