Seanad debates
Thursday, 28 June 2018
Civil Law (Missing Persons) Bill 2016: Report and Final Stages
10:30 am
Charles Flanagan (Laois, Fine Gael) | Oireachtas source
This relates to the matter of applicants in section 2. Senators will see that section 2 of the Bill specifies the persons who may apply for an order under the provisions of the Bill or the Act, as it will be. Amendment No. 10 inserts a specific provision for a half-brother or half-sister to be an applicant. This is in line with the provision in legislation in Northern Ireland relating to applicants who are close relatives, in the context of the Disappeared, for example. It makes common sense. None of the legislation in comparable jurisdictions, including England, Wales, Northern Ireland and New Zealand, has an explicit reference to a creditor as an applicant as is currently contained in section 2(f). I have formed the view that such a reference could, in certain circumstances, be misinterpreted. Accordingly, amendment No. 12 proposes to delete "creditor". Amendment No. 11 is a technical amendment relating to the deletion of "creditor".
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