Dáil Éireann debate -
Thursday, 13 Mar 1930

Vol. 33 No. 14

Illegitimate Children (Affiliation Orders) Bill, 1929—Report Stage.

Minister for Justice (Mr. Fitzgerald Kenney)

I move:

In page 2, section 2 (1), 33 to 39, to delete all words after the words "child" to the end of the sub-section, and substitute the words "the Justice of the District Court in the District in which such mother resides may issue a summons or other process requiring the person (in this Act referred to as the alleged father) identified in such information as the father of such child to appear on the hearing of an application by such mother or such local body (as the case may be) for an order (in this Act called an affiliation order) in respect of such child

The principle embodied in this amendment was fully discussed in the House and met with agreement. I undertook to bring in the amendment in consequence of the agreement expressed. It changes what was originally in the Bill, that the putative father should show cause why an order should not be made against him, which was rather an objectionable form.

Amendment put and agreed to.

Mr. Fitzgerald-Kenney

I move:—

In page 5, Section 9 (2), line 61, to delete the word "the" before the word "District," and substitute the words "a specified."

This amendment, which I agreed to accept from Deputy Little, enables a District Justice to order that the money to be paid in support of an illegitimate child should be payable not only to the clerk of a particular District Court but to the clerk of any District Court as might be convenient. With reference to an amendment moved by Deputy Fahy. I mentioned that I would consider whether there was any necessity for introducing it on the Report Stage. I went into the matter carefully, and I am advised by the Parliamentary draftsman that what Deputy Fahy was afraid of, that the mother might die and there would be nobody to receive the payments which had been ordered to be paid to the mother, and there would be nobody to make application to the District Court, has been already provided for, and any person who had custody of the child could make application to the District Court. Therefore, the fears of Deputy Fahy are already met in the Bill and the principle he wished to have embodied in it is already there.

Mr. Little

There are two other amendments which will probably be moved in the Seanad, and to one of which the Minister said he would give consideration. I thought perhaps that Deputy Thrift would move it at this stage. It is in reference to in camera cases and giving a judge discretion as to what would be published.

[An Ceann Comhairle resumed the Chair.]

Mr. Fitzgerald-Kenney

Deputy Little put forward an amendment dealing with that, and it was left to a free vote of the House. I considered that if I brought in an amendment on the Report Stage in any way altering that amendment it would be going back not on an openly expressed but commonly felt opinion. When a question is left to the House to decide upon, not only in principle but in form, it would not be fair for me to come forward and endeavour to get behind it in any way when it was left to the unfettered judgment of the House to decide.

Mr. Little

It is purely in order to make that amendment perfect I refer to it now. I think that the sub-section as it stands obliging such cases to be tried in camera will be improved if the judge in each case had discretion to say how much should be published.

Mr. Fitzgerald-Kenney

That was not in the original amendment.

Mr. Little

Deputy Thrift raised the question, although he voted against the amendment. Still, I think it is an improvement.

Mr. Fitzgerald-Kenney

I think it would be less objectionable. The Deputy must not take me as wavering from my own belief that the hearing of cases in camera will give rise to great injustice.

Mr. Little

The other amendment was with reference to persons of unsound mind. The Minister said that with regard to people of unsound mind recovering in twelve months he would consider more or less favourably an amendment dealing with such cases. If he has the reports before him and if he looks at column 134, he will see what he said.

An Ceann Comhairle

I take it that amendment 2 is agreed to.

Mr. Little

Yes.

Amendment agreed to.

Question proposed: "That the Bill be received for final consideration."

Mr. Fitzgerald-Kenney

I do not see anything in the reports bearing out what the Deputy says. However, I do not think this matter arises now.

Question put and agreed to.

Fifth Stage ordered for 14th March.