Law Reform Commission Recommendations

Dáil Éireann Debate, Wednesday - 6 February 2013

Wednesday, 6 February 2013

Questions (32, 35, 38)

Aengus Ó Snodaigh

Question:

32. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if his attention has been drawn to the fact that the Law Reform Commission provisionally recommended that it would be appropriate to include provision in the proposed mental capacity legislation for limited administration of the property of a missing person, in particular in circumstances in which it could not be established that a presumption of death order could be made; and if he will make a statement on the matter. [5989/13]

Pádraig MacLochlainn

Question:

35. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to introduce legislation to amend aspects of the civil law concerning missing persons. [5987/13]

Pádraig MacLochlainn

Question:

38. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to implement the 2009 Council of Europe Recommendation on Missing Persons. [5988/13]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

I presume that the Deputies are referring to the Report of the Law Reform Commission on Civil Law of Missing Persons. Since the Report only came to our attention on 30 January 2013, you will appreciate that I am not in a position to comment on its recommendations at this stage. However, as normally happens with Reports of the Law Reform Commission, the recommendations are being examined in my Department for any necessary response, including in relation to the necessity for and content of legislation on foot of the report. The Law Reform Commission's recommendation to include in the proposed capacity legislation provisions for interim administration of the property of a missing person will be examined in the course of the wider consideration of the Report and in terms of the appropriateness of such provisions in this particular legislation. Other Departments will also be required to examine the Report in regard to matters concerning their areas of responsibility.