Written answers

Wednesday, 19 January 2022

Department of Justice and Equality

Legislative Programme

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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1262. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 575 of 28 September 2021, if her intended amendments to section 120 of the Succession Act 1965 will provide for circumstances of domestic homicide in which the perpetrator dies by suicide; and if the amendments will be included in the Courts and Civil Law (Miscellaneous Provisions) Bill. [1524/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Firstly, I would like to offer my sincere condolences to all the victims, families, and the loved ones of those who have been affected in such awful circumstances.

I can confirm that amendment of Section 120 of the Succession Act, is being considered in order to ensure that perpetrators of domestic homicides could not benefit through inheritance. The Office of the Attorney General is being consulted on the implications which require thorough examination by experts in this field of law. This is a complex matter, and I want to ensure that any amendment to the Succession Act best addresses the issues of concern families have, such as those raised by the Deputy. It is important that we avoid any unintended or unforeseen consequences.

Also, I understand that the report of the independent study on Familicide and Domestic Homicide Review will be finalised in the coming weeks, and it will subsequently be published. Although the terms of reference of the study do not cover this issue specifically, I would like to consider its findings and implications before completing the work on this proposed amendment. When I receive the report, I will examine it in detail and I am committed to considering any recommendations made as a priority.

For the reasons outlined, it was decided not to include an amendment to the Succession Act in the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill. However, I can assure the Deputy that this important work is progressing and that we will consider the appropriate legislative vehicle to ensure the best possible resolution to this issue.

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