The matter raised by the Deputy was referred to by the Comptroller and Auditor General in his report on the Appropriation Accounts, 1996. In his report the Comptroller and Auditor General referred to queries he had raised with the Office of the Attorney General regarding the bringing to its attention of cases of intestate estates which may potentially be due to the State under the Succession Act, 1965. The Comptroller and Auditor General referred specifically to certain balances held by the health boards on behalf of discharged or deceased patients some of which may be due to the State and which had not been brought to the attention of the Attorney General.
In the light of the specific concerns raised in the Comptroller and Auditor General's report in relation to patients' funds held by the health boards, my Department has raised the matter with the Department of Health and Children and with the Office of the Attorney General with a view to ensuring that procedures are in place to bring relevant cases to the attention of the Chief State Solicitor who, under the Attorney General, has responsibility for the administration of intestate estates which may fall to the State under the Succession Act, 1965.
As Minister for Finance, I am concerned to ensure that procedures are adequate to ensure that any moneys or property due to the State are brought to account. Generally speaking, ownerless property comes to the attention of the State authorities from the local gardaí and, in a minority of cases, through a local solicitor. Most intestate property falls into two general categories — land and buildings and moneys in bank accounts or other financial institutions. Where appropriate, the Attorney General deals with such cases by instructing the Chief State Solicitor to obtain letters of administration from the High Court. When the administration of the estate has been finalised, the proceeds are paid into the Intestate Estates Fund Deposit Account, which is under my control and audited by the Comptroller and Auditor General. I am not of the opinion that further legislation would procure additional benefit for the Exchequer in this area.
