Charles Flanagan (Laois, Fine Gael) | Oireachtas source

-----with the wishes of the late Henry Grattan and have his remains removed from Westminster Abbey and reinterred in Moyanna graveyard, which is very close to Grattan's country estate in what is now County Laois, formerly Queen's County.

In fact, any Member of the Seanad, or anybody else, seeking to locate the tomb of Henry Grattan within Westminster Abbey would find it difficult because the plaque which marks the plot is beneath one of the abbey's main heavy carpets. It is not readily identifiable to anybody who would wish to see where the remains of the great Henry Grattan are interred. In the event of the repatriation of the remains at some future stage, it would be appropriate for Grattan's headstone or plaque to be placed in a position of greater notoriety than its current position. The people of County Laois would make sure of it.

In any event, to get back to the Bill before us, in the event of a will of testamentary disposition being challenged, the court normally awards costs from the estate. This is the issue that has given rise to Senator McDowell's Bill. The effect of the proposed amendment would be to confirm that the court will continue to have discretion to make an order in respect of costs. I believe this is important. The court may make an order for costs that does not follow the event for special cause to be mentioned in the order. It would be appropriate for the court to order costs in favour of an unsuccessful party in appropriate cases, to be paid out of the estate or otherwise. It is important. I accept what Senator McDowell has said insofar as the reason behind the Bill is to deal with genuine claims and situations in which there is misconduct or a form of maladministration. In the event of such cases, which do unfortunately arise, claimants should not be discouraged from issuing legal proceedings. Costs should not present an obstacle, barrier or discouragement such that claimants would be prohibited from exercising a genuine claim or seeking the answer to a reasonable question. Legal costs should not prohibit claimants in this way.

I will accept the amendment and I trust that we can move the legislation to its further stages. If we can complete Committee Stage this evening, I would like to engage with Senator McDowell with a view to holding Report Stage before the end of the year. I know the Seanad is very busy but we might be able to move matters on within that busy schedule.