Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the Seanad for taking this important legislation today.I acknowledge the work of Senators Colm Burke, Lynn Ruane and Marie-Louise O'Donnell on this Private Members' Bill. I am very pleased that we have been able to progress matters to the current Stage. The Bill, as presented, provides for the effects in civil law of persons who are missing, including arrangements for the interim management of the property of the missing person. At its core, however, is the making of provision for the civil status of missing persons where the circumstances of their absence are such that their death is virtually certain or highly probable.

I propose these amendments with a view towards focusing the Bill on status issues. It is my view that the management of the property of a missing person requires a more rigorous framework than set out originally in the Bill. I am proposing the deletion of all references to "interim management of property", including from the Long Title. I am proposing a new Short Title to reflect the revised focus of the Bill on the presumption of death. Section 3, which provides for the interim management of the property of a missing person, is proposed for deletion in its entirety.

The final substantive amendment I am proposing in this area is to amend the definition of "missing person". I am of the view that the definition of a "missing person" is too broad in that it encompasses all missing persons, including those who step out of their lives for whatever reason but who subsequently return to that life. Given that I am proposing that the Bill should not address the interim management of property, a revised definition of "missing person" is appropriate. The definition I am proposing focuses on a narrower target group of persons whose death is either virtually certain or highly probable. I would ask Senators to accept this for the purposes of clarity.

I acknowledge again, as I did before the arrival of Senator Marie-Louise O'Donnell, the importance of this legislation. Having regard to the fact that it is some time - almost two years - since the Bill was originally published, I hope we can move matters towards a successful conclusion, perhaps by this evening. I am not sure of the Senators' disposition in that regard; I can sit late if they wish. I ask Senators to accept my amendments in the spirit in which they are proposed, namely, to ensure a level of clarity and acknowledging the fact that the Bill is a Private Members' Bill which the Government has accepted. On the matter of the definition of "missing person", which is the most important issue here, the narrower definition I am proposing is in line with best practice for my Department, having engaged in consultations, and also draws on the considerable body of work undertaken by the Council of Europe in this area.

I again acknowledge the work of the Seanadóirí in drafting and tabling this important legislation which will go some way towards meeting what was a difficult engagement for many families and persons who have gone through a very difficult process in terms of social and emotional engagement and of the legal consequences.