Charles Flanagan (Laois, Fine Gael) | Oireachtas source

This is to insert a new section after section 7. The purpose of the new section 8 is to ensure that all affected parties are put on notice as to the making of applications for presumption of death orders or variation orders under section 4 or section 7 to avoid any injustice that might ensue if an application were to be made and an order granted in the absence of the parties.

Section 4(5) in its current form puts the obligation, which is expressed in permissive terms, on the court to serve notice on an affected party. This may not seem to be appropriate. The obligation should be on the applicant with the court's duty being to ensure that the applicant's obligation has been complied with.

There is no equivalent of section 4(5) in section 7 and this is a lacuna which the new section also seeks to address. I ask the Senators to accept that this would be an obligation on the part of the applicant rather than something that is put on the court.