Seanad debates

Thursday, 28 June 2018

Civil Law (Missing Persons) Bill 2016: Report and Final Stages

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

Amendment No. 14 relates to evidence in section 4 of the Bill and the presumption of a death order in respect of the missing person. The amendment is "In page 5, lines 15 to 17, to delete “fruitless” in line 15 down to and including line 17 and substitute “fruitless;”." I say this because the manner in which evidence should be provided to the courts is a matter best left to rules of court, so I propose the deletion of the requirement in respect of an affidavit, etc. I propose to delete the provision for reliance on the international Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. I have already proposed the deletion of the associated definitions in section 1. These definitions are part of our general law and obligations which flow from them, and will apply in any event whether or not there is specific reference to them in the Bill. Is Senator Burke satisfied with this?

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