Tim Boswell MP: Serious and sensible Bills
Conservative MP Tim Boswell sets outs the aims behind his Bills which were scheduled for their second reading in the Commons on Friday.
My Presumption of Death Bill may have a daunting title, but it has a serious and important purpose.
Every year, of the over 200,000 people who go missing, a few are never found.
TheBill would introduce a standard procedure for achieving theregistration of presumed death based on application to the court, andthis would give the relatives closure on a whole range of mattersincluding for example the dissolution of a marriage, insurance claimsand distribution of property.
There would be a provision for a'variation order' if after all someone reappeared, and of course theexisting criminal law safeguards against fraudulent claims wouldcontinue.
Scotland has had a similar law for 30 years with noill-effect, and I am anxious that families, already saddened by theirloss can be treated fairly and get closure as soon as possible.
MyExercise of Reasonable Discretion Bill is designed to ventilate theissue of a great scourge of modern public life, the overzealousinterpretation of rules to cover official backs, or 'It's more than myjob's worth'.
It would exempt from legal action (subject tosafeguards) any public authority or official which exercised reasonablediscretion in the public interest, and protect the official doing thisfrom disciplinary action.
It would in effect put the principleof 'common sense' decision-making at the heart of our public life andchallenge the litigation culture which is blighting us and distortingbalanced 'risk-taking' when that is both sensible and responsible.


