asked the Minister for Justice if he is aware that, since Section 2 of the Vagrancy (Ireland) Act, 1847, was repealed by the Public Assistance Act, 1939, the courts of this State have no power to make amenable to justice citizens of Eire who have deserted their wives and families and who are resident out of the jurisdiction of the State, and that no machinery is now provided for their apprehension; and if he will take immediate steps to have legislation introduced in Dáil Eireann to remedy this defect in the law.
Ceisteanna—Questions. Oral Answers. - Family Desertion.
Mr. Boland
The position created by the repeal of Section 2 of the Vagrancy (Ireland) Act, 1847, by the Public Assistance Act, 1939, is not exactly as stated in the question. The courts, it is true, are no longer able to utilise the power to issue warrants for arrest which was conferred by the 1847 Act. So far as the Dublin Metropolitan Area is concerned, however, the justices of the District Court still have, and exercise in cases arising under the 1939 Act, the power to issue warrants conferred on them by the Dublin Police Act, 1842. As regards the country generally, resort can be had in certain cases to the provisions of Section 12 of the Children Act, 1908, to secure the issue of a warrant for arrest. The position, however, is not entirely satisfactory and the matter has been under consideration in my Department with a view to remedying the defect in the law either by rule of court or, if necessary, by legislation.