Presumption of Death Bill

Mental Health (Discrimination) (No. 2) Bill – in the House of Commons at 2:09 pm on 30 November 2012.

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Bill, not amended in the Public Bill Committee, considered.

Third Reading

Queen’s consent signified

Photo of John Glen John Glen Conservative, Salisbury 2:11, 30 November 2012

I beg to move, That the Bill be now read the Third time.

I will speak briefly, because we had a full discussion on Second Reading and in Committee and I do not wish to repeat the arguments. I think that it is appropriate that I draw attention to the considerable work that has been done by the Justice Committee, the charity Missing People and Ann Coffey and my right hon. Friend Sir Alan Beith, who have supported me in bringing the Bill to this stage.

The Bill will introduce a new court-based procedure to enable those left behind to obtain from the High Court a declaration that a missing person is deemed to have died. The certificate will be conclusive about the presumed death and effective for all purposes and against all persons. Essentially, it will act as a death certificate. I believe that the Bill will provide a great deal of solace to those families who are going through an extremely difficult time by simplifying the number of legal processes and financial hoops they have to go through to tidy up the affairs of the estate of a missing loved one or relative.

The Bill will ensure that England and Wales are on the same footing as Scotland and Northern Ireland. It will make a real difference to the lives of those who are left behind. We anticipate that between 30 and 40 such declarations will be made each year. The Bill makes provision to deal with the unlikely possibility that a person might not have died; there is provision in Clause 5 to allow variance on a certificate and to revoke a declaration.

During the Bill’s passage through this House so far there has been some consideration of the provision of guardianship, which many people wanted to be included. That has not been included in the Bill but, as I have said on previous occasions, I believe that it will need to be looked at in future. There are several issues relating to how that process would work and considerable consultation is needed. I serve notice that I will be looking at the matter in future, because I think that ideally it should have been included in the Bill.

There is little more to say, as the Bill was not amended in Committee. I hope to see it progress and receive Royal Assent in due course.

Photo of Helen Grant Helen Grant The Parliamentary Under-Secretary of State for Women and Equalities 2:14, 30 November 2012

As hon. Members know, the Government support the Bill. We believe that it will simplify and streamline the procedures that people encounter when dealing with the property and affairs of a loved one who has disappeared and is thought to be dead. I congratulate my hon. Friend John Glen on his success in piloting the Bill through the House to its Third Reading. I hope that the

House will join me in supporting the Bill’s Third Reading and wishing it a speedy and successful passage through the other place.

Question put and agreed to .

Bill accordingly read the Third time and passed.

Second Reading

The Second Reading is the most important stage for a Bill. It is when the main purpose of a Bill is discussed and voted on. If the Bill passes it moves on to the Committee Stage. Further information can be obtained from factsheet L1 on the UK Parliament website.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

other place

The House of Lords. When used in the House of Lords, this phrase refers to the House of Commons.