Dáil Éireann Debate, Wednesday - 26 September 2007
876 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform his plans to change the law in respect of missing persons at sea in view of the financial hardship that this causes to families whom, under the present law, have to wait for seven years to receive any entitlements from the State; and if he will make a statement on the matter. [20226/07]
Amharc ar fhreagraI can inform the Deputy that under section 23 of the Coroners Act 1962, if a coroner has reason to believe that a death has occurred in or near his district in such circumstances that an inquest is appropriate but the body is either destroyed or irrecoverable, the Minister may direct that an inquest be held in relation to that death. The assessment as to the probability that a death has actually occurred is a matter for the individual coroner concerned, who must satisfy himself in this regard prior to seeking a direction from the Minister, but I can inform the Deputy that such directions have issued in the past in respect of deaths at sea. There is no connection between this statutory provision and the jurisdiction of the Courts to declare that a missing person may be presumed dead. This function is not governed by statute but I have arranged to have this area of the law examined to determine what improvements if any can and should be made by way of legislation.
