Written answers

Wednesday, 14 June 2006

Department of Justice, Equality and Law Reform

Coroners Service

9:00 pm

Photo of John CreganJohn Cregan (Limerick West, Fianna Fail)
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Question 212: To ask the Minister for Justice, Equality and Law Reform if changes have been made in relation to the seven year timeframe governing a missing person, where an inquest cannot be held, and the ability for their families to avail of their entitlements; and if he will make a statement on the matter. [23149/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I can inform the Deputy that the position under section 23 of the Coroners Act, 1962 is that, where a coroner has reason to believe that a death has occurred in or near his district in such circumstances that an inquest is appropriate but the body is either destroyed or irrecoverable, the Minister may direct that an inquest be held in relation to that death. In the absence of further details, I am not in a position to comment on the application of this provision to the case in question.

Insofar as the jurisdiction of the Courts to declare a missing person dead is concerned, this is an issue on which the persons in question should seek legal advice and it would not be appropriate for me to provide an interpretation of the law in this regard.

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