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Justice committee MPs call for new 'presumed dead' law Justice committee MPs call for new 'presumed dead' law
(about 1 hour later)
The government should change the law to make it easier for families of missing people to deal with their affairs, the Commons Justice Select Committee says.The government should change the law to make it easier for families of missing people to deal with their affairs, the Commons Justice Select Committee says.
In a report, it href="http://www.publications.parliament.uk/pa/cm201012/cmselect/cmjust/1663/166302.htm" >calls for legislation based on Scotland's 1977 Presumption of Death Act to replace a "legislative patchwork" in England and Wales. In a report, it calls for legislation based on Scotland's 1977 Presumption of Death Act to replace a "legislative patchwork" in England and Wales.
MPs say the Ministry of Justice should legislate for a single certificate declaring someone "presumed dead".MPs say the Ministry of Justice should legislate for a single certificate declaring someone "presumed dead".
The ministry says it will "carefully consider" all the MPs' recommendations.The ministry says it will "carefully consider" all the MPs' recommendations.
At present in England and Wales there is no time limit on how long financial affairs remain in a person's name where there is no death certificate. This means life insurance policies that would pay off mortgages cannot be used.At present in England and Wales there is no time limit on how long financial affairs remain in a person's name where there is no death certificate. This means life insurance policies that would pay off mortgages cannot be used.
The committee launched an inquiry into the the law and processes relating to presumption of death in July 2011. In Scotland a court will grant presumption of death after seven years, a system which has "worked cleanly and clearly", committee chairman Sir Alan Beith told BBC Radio 4's Today Programme.
Justice Minister Jonathan Djanogly admitted to the inquiry that the current law was "convoluted and cumbersome".
However, he gave no promise that the legislation would change, saying it had worked adequately.
'Legislative patchwork''Legislative patchwork'
Releasing the committee's report, chairman and Liberal Democrat MP Sir Alan Beith said: "We do not agree with government ministers who claim the system is working 'adequately'. Releasing the href="http://www.publications.parliament.uk/pa/cm201012/cmselect/cmjust/1663/166302.htm" >committee's report, the Lib Dem MP said: "We do not agree with government ministers who claim the system is working 'adequately'.
"The evidence we have heard from families faced with the problems of resolving these affairs is overwhelming. The law needs to be changed. The government owes it to these families to look at this issue again very carefully before it responds to our report." "The evidence we have heard from families faced with the problems of resolving these affairs is overwhelming. The law needs to be changed.
In its report, the justice committee describes the current law on missing people as "a legislative patchwork of bewildering complexity". "The government owes it to these families to look at this issue again very carefully before it responds to our report."
The committee launched an inquiry into the the law and processes relating to presumption of death in July 2011.
Justice Minister Jonathan Djanogly admitted to the inquiry that the current law was "convoluted and cumbersome" - but he gave no promise that the legislation would change, saying it had worked adequately.
In its report, the committee describes the current law on missing people as "a legislative patchwork of bewildering complexity".
It says families trying to administer their loved ones' affairs are left facing a "confusing, costly and emotionally-exhausting legal process".It says families trying to administer their loved ones' affairs are left facing a "confusing, costly and emotionally-exhausting legal process".
MPs acknowledge that legislation relating to the affairs of missing people would only affect a limited number of people but say it would allow families in "extremely difficult emotional circumstances" to resolve the financial and legal affairs of missing relatives. 'Held to ransom'
'Long overdue' MPs acknowledge that legislation relating to the affairs of missing people will only affect a limited number of people but say it would allow families in "extremely difficult emotional circumstances" to resolve the financial and legal affairs of missing relatives.
"We believe the time is long overdue to extend to English and Welsh families the protection that is available to Scottish and Northern Irish families," they say."We believe the time is long overdue to extend to English and Welsh families the protection that is available to Scottish and Northern Irish families," they say.
The report says that in the 34 years since Scotland brought its Presumption of Death Act into force only one person has reappeared.The report says that in the 34 years since Scotland brought its Presumption of Death Act into force only one person has reappeared.
"We believe this shows the Scottish legislation provides for a robust and effective process," they say. Sir Alan said those who suffer the "genuine problem" of someone disappearing whose body is subsequently found years later should "not be held to ransom by the fact there has been one or two bad cases".
Under the report's recommendations, families would only be able to apply for a presumption of death order seven years after someone went missing. Under the report's recommendations, families would be able to apply for a presumption of death order seven years after someone went missing.
It says "guardianship orders" based on those in some Australian states should be introduced to allow families to maintain the missing person's estate four years before that.It says "guardianship orders" based on those in some Australian states should be introduced to allow families to maintain the missing person's estate four years before that.
The committee says relatives of missing people have found lawyers to be unfamiliar with the existing laws surrounding presumption of death and the cost of legal proceedings "difficult to predict".The committee says relatives of missing people have found lawyers to be unfamiliar with the existing laws surrounding presumption of death and the cost of legal proceedings "difficult to predict".
"Many of these problems appear to be due to the piecemeal nature of the relevant law, and the fact it is to be found in many different statutes as well as the common law," the report says. Martin Houghton, chief executive of the charity Missing People welcomed the report, saying it was time for the MoJ to "end this suffering once and for all".
"This complexity, as well as the rarity of these cases, means that people find it difficult to obtain reliable information. They may also have to pursue multiple proceedings before everything is resolved." "The families tell us that this is an incredibly painful time, when they're trying to work out what's happened to their loved one... families don't often survive these kinds of circumstances," he told BBC Radio 5 Live.
The charity Missing People has welcomed the MPs' report - its chief executive Martin Houghton-Brown saying it was time for the MoJ to "end this suffering once and for all".
Ann Coffey, chairwoman of the All-Party Parliamentary Group for Runaway and Missing Children and Adults, urged the government to act quickly.Ann Coffey, chairwoman of the All-Party Parliamentary Group for Runaway and Missing Children and Adults, urged the government to act quickly.
"No family should have to go through such an emotionally exhausting and confusing legal process in addition to having to cope with the loss of a loved one," she said."No family should have to go through such an emotionally exhausting and confusing legal process in addition to having to cope with the loss of a loved one," she said.
The MoJ said it recognised "the emotional and practical difficulties faced by those whose loved ones are missing and thought to be dead".The MoJ said it recognised "the emotional and practical difficulties faced by those whose loved ones are missing and thought to be dead".
"We are already working to improve guidance relating to coroners' powers where a person is missing and presumed dead and will look at other areas where guidance could be improved," a spokesman said."We are already working to improve guidance relating to coroners' powers where a person is missing and presumed dead and will look at other areas where guidance could be improved," a spokesman said.
'Get on with it''Get on with it'
Appearing before the committee in November 2011, Vicki Derrick, whose husband Vinny went missing in Manchester in August 2003, called for wholesale change. Vicki Derrick, whose husband Vinny went missing in Manchester in August 2003, appeared before the committee in November 2011, and called for wholesale change.
She told MPs after her husband disappeared she was suddenly a single mum and expected to "get on with it". She told MPs that after her husband disappeared she was suddenly a single mum and was expected to "get on with it".
In Mrs Derrick's case, the High Court recognised her husband was dead and dissolved her marriage, but her mortgage remained in joint names because her mortgage provider could not recognise the death without a death certificate.In Mrs Derrick's case, the High Court recognised her husband was dead and dissolved her marriage, but her mortgage remained in joint names because her mortgage provider could not recognise the death without a death certificate.
Vinny Derrick's remains were found earlier this month.Vinny Derrick's remains were found earlier this month.
Peter Lawrence, whose daughter Claudia went missing from York in 2009, told the inquiry families had no simple way to deal with unresolved practical issues because they could not prove whether a missing person was dead or alive.Peter Lawrence, whose daughter Claudia went missing from York in 2009, told the inquiry families had no simple way to deal with unresolved practical issues because they could not prove whether a missing person was dead or alive.
Have you been affected by the issues discussed in this story? Get in touch using the form below.Have you been affected by the issues discussed in this story? Get in touch using the form below.