Seanad debates

Wednesday, 6 March 2019

An tOrd Gnó - Order of Business

 

10:30 am

Photo of Terry LeydenTerry Leyden (Fianna Fail) | Oireachtas source

We agree to Nos. 1 to 3, inclusive. With regard to No. 4, the Registration of Wills Bill 2016, a Private Members' Bill in the names of myself, Senator Ardagh and Senator Clifford-Lee, I propose an amendment to the Order of Business to the effect that Committee and Remaining Stages of this Bill be taken. This Bill has gone through the Seanad on a number of occasions, starting 14 years ago. It has gone through Committee Stage and been finalised but unfortunately, on many occasions, the Dáil was dissolved before the Bill came before it. It is important legislation. It is most significant because the Law Society is not overly enthusiastic about. The society is, to its mind, protecting the interests of its members in this regard. I would totally disagree with the society. It is not representing its members because those members of the Law Society whom I know in County Roscommon are very supportive of the Bill. The late Brian Lenihan Jnr was of tremendous assistance to me in initially drafting this Bill. He helped in every possible way in guiding it through the Seanad before. He was an eminent senior counsel and could see the merits of the Bill. There are no amendments on Committee Stage - we will go into this later on - because it was amended so often in 2005 and 2011. In the circumstances, I appeal to all Members of this House to allow this Bill to pass through the House and on to the Dáil. I would be delighted if the Government would adopt the Bill.

One can register one's dog, one's sheep and one's cattle, but there is no registration available for the most important and significant document people make, which is a will. In a sophisticated society, such as ours which registers land, deaths, births and marriages with our tremendous Civil Service, there is resistance to this for some unknown reason. On that point, there are only two countries in the European Union and Council of Europe which have not implemented such registration. They are Malta and Ireland. They are the only two countries out of the 47 members of the Council of Europe and the 28 members of the EU. It is extraordinary that we have been so slow in this particular regard.

The Leader has already requested an amendment in respect of No. 3. The Order Paper said that Second Stage would be taken but the Leader said that it would be all Stages. The Leader is proposing an amendment to the Order of Business himself.

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