The purpose of this amendment is to meet the intention expressed by the Seanad on the Report Stage here when the view was expressed, to which I acceded, that in the case of attempted murder there should be allowance to the effect that forgiveness might be made by the victim of the attempted murder and that such person should not be prevented from providing on his or her death for the person who committed the offence. I sought to meet that on the Report Stage by the simple deletion of the words "attempted murder". I thought at the time, and the Seanad thought also, that it would meet the point of view expressed as regards forgiveness. In point of fact, in the event of the simple deletion of the words "attempted murder", a situation would arise, in respect of a bequest made in a will prior to the attempted murder taking place, that that particular bequest would be allowed. This would be completely contrary to public policy and it would not involve the element of forgiveness. In other words, a bequest in a will made prior to attempted murder would be allowable on the simple deletion of the words.
If the amendment, which was passed in the Dáil, stands, the wording will make it quite clear that attempted murder is included, except in respect of a share arising under a will made after the act constituting an offence. A person guilty of murder, attempted murder or manslaughter will not be entitled to a bequest under a will made prior to the crime; but, if the victim of the crime subsequently makes a will, he is now, under the suggested amendment, being allowed to forgive, as was the intention of the Seanad.