Presumption of Death Bill

Lord Goldsmith of Richmond Park Excerpts

Friday 2nd November 2012 Commons Chamber

[John Glen (Salisbury) (Con)]

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

As you will know, Mr Deputy Speaker, I was fortunate enough to come 14th in the ballot for private Members’ Bills. Unsurprisingly, a few hours after hearing that news I returned to my office to find a full inbox, and over the next days the amount of mail that I received increased substantially. One letter gave me some hope. It was from the former Member of Parliament for Chertsey and Walton, Sir Geoffrey Pattie, who wrote that in the 1970s he had managed to get legislation on to the statute book having also come 14th in the ballot. That has given me a little encouragement, and I hope that the House will be minded to look seriously at my Bill and will allow it to proceed as well.

Having been given this opportunity, I thought carefully about the legislation I should present to the House. I concluded—on the basis of my time as a member of the all-party parliamentary group on runaway and missing children and adults, and also on the basis of personal experience—that a means of supporting families by dealing with the uncertainties surrounding presumed death would be an extremely worthwhile cause to champion.

As I have said, I have some personal experience of the effects of such situations, although at one step removed. In 1996 my sister’s godfather disappeared. His name was Norman Harriss, and he was an airline pilot, married, with two sons. The case was reported at the time. He had taken a yacht on to the Solent. The yacht was found with the engine still running and the dinghy missing, and with no sign of him. A search ensued, but, unfortunately, he was never found.

When I was thinking about taking up this cause, I contacted one of Mr Harriss’s sons, Alistair, to ask whether he thought the proposals were a good idea and whether it would have helped his family if such a law had been in place in 1996. Fortunately, he was unequivocal in his response: he said he was more than happy for me to mention his father’s case and stressed the effects of his disappearance on the family when no provision was in place to acknowledge properly his father’s death.

[Zac Goldsmith (Richmond Park) (Con)]

I just want to put on record my total support for my hon. Friend’s work in this area. It builds on the work done by a brilliant organisation based in my constituency: Missing People. It has on its books hundreds and hundreds of examples similar to the case my hon. Friend has just outlined, of families who are unable to move on as a result of what is effectively a bureaucratic barrier. My hon. Friend’s Bill addresses that barrier, so I wish him all the luck in the world and I hope he succeeds.

[John Glen]

I am extremely grateful to my hon. Friend for his support. I will talk about the Missing People charity later, but for now let me just commend it on the wonderful work it does.

Alistair said:

“The 7 year wait on the death certificate was a serious strain on everyone involved with my father’s case. Dad made sure that we would have been provided for in the event of his death but due to the circumstances the death certificate was not released for nearly 7 years. Our house was defaulted on and sold, the boat was sold and I very nearly had to change schools in the middle of my GCSEs. Due to some serious hardships from my Mum and step father I managed to complete my GCSEs and A-levels and am now flying as a commercial pilot. I think I was one of the lucky ones!”

As a result of my researches into the issues involved in such cases I have also been fortunate enough to meet Peter Lawrence, the father of Claudia, who has now been missing for more than three and a half years. I, along with many people throughout the nation, have been extremely moved by his story. I have listened carefully to his testimony, and he is very clear that the law needs to be updated. Peter would also like provision to be made for guardianship, and I shall touch on that subject, too.

For all the reasons I have set out, I hope this Bill can be progressed, and the law can be improved for people with missing family members who find themselves in the distressing situation of not being able to deal with their affairs following the disappearance of a loved one.

I am acutely aware of the fact that many people have spent a great deal of time—more than I have spent—in campaigning on this issue, and in bringing energy to advancing a solution to this problem. Some of them are present today, supporting the Bill. I must mention a 2009 private Member’s Bill introduced by the former Member for Daventry, Lord Boswell of Aynho. Unfortunately, his Bill did not make it on to the statute book, but I have based my Bill on its contents.

I also wish to put on the record my gratitude to Baroness Kramer, who has a similar Bill in the other place. Should my Bill be fortunate enough to progress, she will be able to assist in the other place. I have also had a great amount of cross-party support from hon. Members, particularly those associated with the all-party group on runaway and missing children and adults, especially the hon. Member for Stockport (Ann Coffey), who, unfortunately, cannot be here today.

At this point, I should mention the help I have received from the Missing People charity, whose sharing of expertise has been so invaluable on this subject. I am thinking, in particular, of the valuable evidence it gave the Justice Committee prior to the publication of its report in February. Missing People was founded in 1986 by Mary Asprey OBE and Janet Newman OBE following the disappearance of the estate agent Suzy Lamplugh. The charity supports the friends and family of those who have gone missing, young people who have run away from home and missing adults. Missing People offers advice and practical support, as well as maintaining a database of missing people and providing a central point of contact to report sightings. It also provides advice on working with the media and the police, and on the legal and financial difficulties faced by families when somebody goes missing.

I would like to use my speech to pay a particular tribute to the chief executive of Missing People, Martin Houghton-Brown, who has been a tireless champion of presumption of death legislation. He has made his case persuasively in the media over many years and during the Justice Committee’s inquiry. Martin is, unfortunately for Missing People, about to leave that organisation, but I know that I speak for everyone he has worked with in wishing him well in his new role. Martin is generally acknowledged as one of the most effective advocates and campaigners in the charity world.

The Justice Committee’s report on presumption of death strongly recommended primary legislation on this subject. It stated:

“Non-legislative solutions to the problems of resolving the affairs of missing people are necessary but not sufficient. Primary legislation is required…the fact that, in 34 years, only one person who was the subject of an order under the Scottish Presumption of Death Act 1977 has reappeared is a compelling argument that the legislation provides a clear, robust court process to resolve the question”—