Fiona O'Loughlin (Fianna Fail) | Oireachtas source

I echo the Cathaoirleach's words in regard to Senator Boyhan's passion and eloquence in terms of the issue at hand. There is no doubting the principle of what he is promoting and proposing. What Senator Boyhan has proposed is in the best interests of the people of Ireland. It is only right that we remember the work of the former Senator, Terry Leyden, in regard to this issue. I appreciate Senator Boyhan mentioning him. I recall Terry Leyden speaking very eloquently and passionately about the need for this legislation at a Fianna Fáil Parliamentary Party meeting. He had the full support of the party in bringing forward legislation to deal with it. I was pleased to see Deputy Devlin seek leave to have it reintroduced in the Dáil in order that it could be progressed further.

On the Bill, Senator Boyhan covered it so well that I cannot expand in any way on the reasons we need to have legislation that deals with wills and ensures that following death, the last wishes of a person are respected such that we do not have situations where land, property and money, etc., unfortunately do not go where the deceased person wanted or, indeed, where solicitors and the State end up taking the bulk of it. I have been through the probate process in regard to my father. It is a difficult enough process when there is a will that is very clear in that it takes a significant amount of time. I can only imagine how difficult the process is when there is no clear will. We should send out from this House a clear message that everybody should make a will and ensure it is clear in terms of their wishes. As stated, none of us know the day nor the hour in terms of where we will be.

With regard to my party's support, we had a lengthy discussion on this legislation when it was put forward by Terry Leyden. At that stage, it was allowed to progress. Fianna Fáil is not opposing this Bill but we support the nine-month timeframe set out in the Government amendment.

It is fair to say that the concerns which were expressed in relation to the previous Bill still stand. The Law Society of Ireland and the General Registry Office, GRO, have previously raised concerns with regard to weaknesses in the approach being proposed in this Bill. I would hope that those weaknesses could be strengthened and that the Bill would come into law. There is no doubt that detailed further engagement with the relevant authorities is needed, including with the Department of Justice, the Probate Office, the GRO and the Department of Social Protection. The proposers of the Bill rightly claim that such a register will reduce the risk of the existence of a will remaining unknown or being found belatedly and will facilitate the discovery of a will after the death of a testator. That is important. The Bill will also enable a solicitor to register the name and address of the custodian of the will to reduce the risk of it remaining unknown or being found belatedly. It also provides for the privacy of the registered particulars of the will prior to the testator's death. All of these are important provisions.

In terms of the concerns raised by the Law Society of Ireland and the GRO, in 2005, when a Bill was first proposed, the Law Society of Ireland opposed it on a number of grounds, primarily that the proposed registration is to be voluntary and would have limited effect, that registration does not guarantee that the registered will is the final will and that registration is not proof of validity. We would need to a devise a system to ensure the will that is registered is the final will. A responsible person might make a will at an early age. As we age and go through different stages in our lives, to whom we wish to leave the benefits of our life's work will, possibly, change. Ensuring that a will is the final will and testament is important.

There is also concern in regard to the appropriateness of establishing the proposed register by amendment of the Civil Registration Act 2004 because civil registration deals with registration of life events such as births, stillbirths, marriages, adoptions and deaths and not with matters relating to public or legal administration. These systems are central to the determination of identity and legal underpinning of identity. The registers currently maintained by the GRO have the presumption of accuracy based on independent evidence of the event. The GRO has expressed concern that the establishment of such a register could undermine the reputation of that office. We need to look at how we can address its concerns but, again, I think that is something we can do.

I appreciate the opportunity to speak on this noteworthy Bill. I wish the proposers well and thank them for bringing it back before the House. It is an important Bill.