Seán Kyne (Fine Gael) | Oireachtas source

I commend the authors of this Bill. As others have said, it has gone around the Houses for some years. It is an important issue. When people make a will, they like to think that it will be read and dealt with when they pass. As others, as well as the last speaker, have said, we all know of cases where we have gone astray, and difficulties have arisen. Dare I say, there are some unscrupulous people out there as well. I could name cases - but of course I will not - of which I would be aware, involving solicitors, bank managers and individuals. We will say no more on that.

One concern I have relates to the General Register Office. The Bill states that the register of wills should be kept in the General Register Office, Oifig an Ard-Chláraitheora, in Roscommon. If this is the same crowd that is dealing with the records of deaths abroad, I would not have a lot confidence in them. I dealt with legislation on the registration of deaths abroad. I produced a Private Members' Bill a number of years ago. Deputy Humphreys's predecessor, Deputy Richard Burton, updated legislation on that issue. This legislation was on behalf of parents who lose a child abroad and who cannot get a death certificate in this country, because the death occurred abroad. We changed the legislation in this House. However, when I contacted the Oifig an Ard-Chláraitheora in Roscommon, I was politely told: "Just because ye changed legislation up there in Dublin doesn't mean we jump to your tune down here. We have to update and change the computer systems", and things like that. The last I heard, the office was on strike. If one tries to get this office to look after wills, never mind a nine-month delay, a nine-year delay might be more appropriate. We might get clarity on that. A kick in the proverbial backside is what that office would want, with the way they have respected people who lost loved ones abroad and who cannot get a death certificate. They said: "Just because ye do things in Dublin and changed the law, we basically act as we want down here in our office". That is the Oifig an Ard-Chláraitheora and how it deals with people who go through tragic cases involving deaths abroad.

I agree with the policy of ensuring that there is a register of wills. It is very important to give peace of mind to people. We all expect to be able to live a long and healthy life. Somebody in their 30s or 40s could be obliged, or rightly advised, to enact a will. Solicitors move on. Things get mislaid.Solicitors are struck off from time to time or files are transferred and all of that sort of stuff, which can be complicated. The idea of a general register is right and correct. It should be considered. Whatever mechanism that can be introduced to ensure this happens would be right and proper. The delay for nine months allows the time for the consultation, engagement, and certainty on this with the Law Society and other groups acting on behalf of solicitors to ensure whatever is done and put in place is correct and accessible.

There are also issues of confidentiality. A register would say that a will is there, but this does would not mean that the will would be accessible to anybody, and this would be a danger particularly with online systems and security and so on.

Senator Pauline O'Reilly spoke about a safe beside her desk. I am sure every solicitor has something similar, and banks may have them as well. Perhaps somebody else can advise as to who else might have a copy of a will or if it is just the solicitor. Perhaps the bank or somebody else might have a copy also to ensure safe keeping. When a person goes to the trouble of executing a will, whether it is for something small or of sentimental value, or whether it is for an asset of significant value, it is important that the person's wishes are carried out and that they are carried through thereafter.

I commend those who have drawn up the Bill, and I look forward to the Minister's response, and the enactment of this legislation over the coming year, shall we say.