Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I will not even need the eight minutes allowed because, like other speakers, I commend both the proposer and seconder of the Bill. This is important legislation. While I will probably indulge in some repetition of what has been said already, it is important that I put on the record the position of my party because the legislation we are seeking to progress today is so significant. Sinn Féin has been of the long-standing view that legislation such as this must be introduced. The House should note that Deputies Pearse Doherty and Jonathan O'Brien of Sinn Féin introduced legislation on this matter in the Dáil. That in itself indicates the significance of the issue, with both Houses of the Oireachtas paying it due regard.

The Bill is designed to provide arrangements for the management of a missing person’s property but also for processes where the circumstances of the person's absence leads to presumption of death. This presumption would apply to persons where the death is virtually certain and where both the circumstances and the length of the disappearance indicate it is highly probable that the missing person has died, for example, where the disappearance occurred in dangerous circumstances or other circumstances where the loss of life might be presumed. The law currently allows for the assumption that a person is alive for up to seven years after he or she goes missing but it is not conclusive. Under the Coroners Act 1962, an inquest can be held where the body of a missing person has not been found. If the inquest concludes that the missing person has died, the death may be registered as it would under normal circumstances. This is hugely important for the families of many missing persons in Ireland today.

Senator Marie-Louise O'Donnell outlined the trauma and impact that disappearance has on families. While we are debating this legislation, it is important that we reflect on and remember the significant loss suffered by many people throughout this State. There are hundreds of families across the country that are missing family members or friends. Between 7,000 and 8,000 people are reported missing every year, which is almost 20 every day. Most of these actually turn up within a very short time and less than 1% remain missing for a long time. It is the to families and friends of that 1% who never return home that this Bill can provide some practical and moral help. It will bring this jurisdiction into line with the North and with Scotland in allowing for an application to be made to a register of presumed deaths. A presumed death will only be registered if it meets the strict criteria laid out in the Bill. This Bill comes out of a hope that when the worst has to be presumed, family members of the missing person do not have to suffer more difficulty than necessary. There is a gap in legislation that benefits nobody and compounds the tragedy of missing persons cases for families even further. Like other Members, we are happy to support this Bill.