New Bill passed to help families of missing persons

The Assembly has today passed a new Bill which will help the relatives of 'the disappeared' and other missing persons.

The Presumption of Death Bill was introduced into the Assembly by the Finance Minister, Nigel Dodds. The Bill allows the High Court to declare that a missing person may be presumed dead and for the issuing of death certificates.

It is expected that the legislation will be fully operational in November.

Welcoming the passing of the Bill today, Mr Dodds said: “Once in force, the families of missing persons across the Province will have the opportunity, for the first time, to have the presumed death of their family member confirmed by the High Court and a certificate of presumed death made available to them by the General Register Office.

“While a piece of paper cannot erase or even ease the suffering that the families of all missing persons endure, it may help in the grieving process and bring some small measure of comfort.”

The Bill confers a new statutory jurisdiction on the High Court to make declarations in relation to missing persons, including 'the disappeared'. The High Court may make the declaration if satisfied that the missing person is thought to have died or has not been known to be alive for a period of at least seven years. If the High Court makes a declaration of presumed death, the Registrar General will enter the details of the missing person in a new Register of Presumed Deaths. The families of the missing person may then obtain certificates of presumed death.

Mr Dodds added: “The vast majority of the people of Northern Ireland will never find themselves in the position of having to need this Bill. But there are families out there who are in the awful position of having a family member go missing. For those families, and in particular the families of the disappeared, I trust this new legislation will provide some practical assistance in dealing with the emotional, financial and legal problems that can arise.”

NOTES TO EDITORS:

1. The Presumption of Death Bill and Explanatory and Financial Memorandum are available from the Northern Ireland Assembly website www.niassembly.gov.uk .

2. On 23 January 2008 the Department of Finance and Personnel published for consultation a draft Presumption of Death Bill addressing the concerns of the families of 'the disappeared' to have their deaths registered and death certificates issued. A summary of the responses to that consultation can be found at the DFP website www.dfpni.gov.uk .

3. The majority of people who are reported missing each year return home within 72 hours. There are no figures available to indicate how many people go missing each year in Northern Ireland who never return home or otherwise make contact with their families or friends and who may be presumed dead. However, figures released by the Northern Ireland Office state that as of early November 2008 there were 68 people listed as missing from Northern Ireland (Hansard Written Answer 31st March 2008).
Under the Births and Deaths Registration (Northern Ireland) Order 1976 a death can generally be registered only if a body is found in Northern Ireland and a cause of death can be established.

4. The new legislation for Northern Ireland is modelled on the Presumption of Death (Scotland) Act 1977. Under the Presumption of Death (Scotland) Act around 30 declarations of presumed death have been made since 2000.

5. Further information about the Bill is available from: Mr Neil Lambe,Civil Law Reform Division Departmental Solicitor’s Office, Department of Finance and Personnel, Victoria Hall, 12 May Street, Belfast BT1 4NL, Tel: 028 9025 1269 Fax: 028 9025 1240.

6. Media enquiries only to DFP Communications Office on 028 9052 7374 or 028 9052 27375. Out of office hours please contact the Duty Press Officer via pager number 07699 715 440 and your call will be returned.