Lorraine Clifford Lee (Fianna Fail) | Oireachtas source

I commend Senators Michael McDowell, James Lawless, Victor Boyhan and Brian Ó Domhnaill for bringing forward the Bill.Fianna Fáil is happy to support the Bill. I wish to briefly refer to the points made by Senator McDowell about the buy-off many defendants in these matters undertake. As he outlined, that significantly eats into the estate, and also if a case continues the costs are borne by the estate, which is not satisfactory either. However, I am concerned that if the rule is taken away plaintiffs will be put off from taking cases of merit. That is a very fine balancing act. Senator McDowell also made reference to the comments today in relation to being either a millionaire or a pauper in terms of bringing legal action. I am fearful that this would come into play in probate cases.

Senator Craughwell made reference to a surprising attitude towards women in some parts of Ireland. As a woman, I am not totally surprised by that and I do not think any woman would be surprised at outdated and backward attitudes towards women, but sin scéal eile.

Senator Martin Conway referred to the cumbersome process and long delays in the Probate Office. The Government should consider providing more funding for the Probate Office. Parliamentary replies and research undertaken by Fianna Fáil have shown that the probate waiting times in Dublin are 17 weeks if one is doing it through a solicitor or 48 weeks if it is done by a layperson. That is not satisfactory given that one has families that are grieving and paying out funeral costs and other related costs and trying to cope with the situation. It is unsatisfactory that people must wait up to 16 weeks before the estate is distributed. That is unsatisfactory.

Given that 30,000 people pass away every year in Ireland and nearly 90% of them own a home, if the process takes up to 16 weeks there are thousands of homes lying idle across the country and that is unsatisfactory in the context of the current housing crisis as well. I am pleased to see cross-party support for the Registration of Wills Bill proposed by my colleague, Senator Terry Leyden. I will pass on the good wishes and support on that to him.

In an era of people moving around the country, less association with family solicitors and frequent movement between solicitors it is only right and proper that we would implement the Bill without further delay.