The Bill is a highly technical one and for that reason it was accompanied by a full explanatory memorandum, which I trust Deputies have found helpful. I shall be dealing with the proposed amendments in greater detail when I come to talk about the relevant Parts of the Bill. As I have already announced publicly and as will be seen from the supplementary explanatory memorandum recently circulated to Deputies, I have obtained the approval of the Government for the preparation of a number of amendments which are designed to meet the objections and criticisms directed at these particular provisions of the Bill. The provisions of the Bill that have attracted most attention are those in Parts IX and X purporting to give the spouse and issue of a testator "legal rights" to fixed shares of his estate.
I have also consulted a number of independent experts on the law of succession in this country. I have had discussions with such bodies as the Incorporated Law Society and the National Farmers' Association, and I have studied in detail the various comments made in the columns of the newspapers and in correspondence received in my Department. Since I became Minister for Justice, I have carefully considered all the suggestions and proposals that have been put forward. It has been gratifying to find that widespread public interest in the Bill has been evoked and that a great deal of helpful and constructive criticism has been forthcoming. At the time, it was clearly indicated that the Government would welcome comments on the Bill, that they would be quite prepared to consider criticisms and that they would examine any amendments that were shown to be desirable. Because of the important nature of the proposals which it contains, the text of the Bill was circulated at the beginning of the Summer Recess so that everybody would have ample opportunity to study its provisions before it came to be discussed by the Oireachtas. The Bill intimately concerns every member of the community, and I think I can say that it is one of the most important measures of law reform ever to be brought before this House. It will be necessary to allow a fairly long period to elapse after the Bill passes both Houses of the Oireachtas in order to give people plenty of time to become familiar with the new law. However, this is a matter we can discuss at a later stage. My present feeling, subject to whatever views Deputies may have on the subject, is that the new commencement date might be the 1st of January, 1966. The original idea was that this commencement date would be the 1st January, 1965, but, of course, it is now clear that a later date will have to be provided.
The proposed Act will apply to the estates of all persons dying after the commencement date specified in section 2. Thus, apart from anything else, the Bill represents an important step in the task of statute law consolidation. When the Bill is enacted, the whole of the statutory law of succession, both testate and intestate, will be contained in one Act of the Oireachtas. These enactments are being repealed or amended in consolidated form. The existing statutory law governing succession to property on death is contained in a large number of enactments, the earliest of which dates back to 1226. The Bill includes important new provisions designed to prevent a testator from disinheriting a spouse and children. The existing rules of intestate succession, which provide for the descent of realty to the heir-at-law and the distribution of personalty to the surviving spouse, issue and next-of-kin, will be abolished and replaced by new, simple and uniform rules which will be applicable to all property. It is proposed to assimilate the law respecting real and personal estate so that realty will devolve and be distributed in the same way as personalty. This is a Bill to amend and consolidate the law relating to the devolution, administration, testamentary disposition and distribution on intestacy of the property of deceased persons. I move that the Bill be now read a Second Time.
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