asked the Minister for Justice what proposals he has to increase the maintenance money for deserted wives and their dependent children.
Ceisteanna—Questions. Oral Answers. - Deserted Wives' Allowances.
58.
I would refer the Deputy to section 17 of the Courts Bill, 1971, now before the Seanad and to the proposed Government amendment thereto which has been circulated.
What are the provisions in that Bill?
The easiest thing would be for the Deputy to read the Bill.
How does the Minister arrive at the figures?
The Bill as amended, or proposed to be amended before the Seanad provides that the district court will have jurisdiction to award up to £15 a week to a deserted wife and £5 to each of her dependent children and that in cases where the applicant feels she would be entitled to a larger sum she could apply in a summary fashion to the High Court.
(Cavan): Is that the Bill introduced in the Seanad by the Fine Gael Party——
I put down an amendment——
(Cavan): On lines similar to the Bill previously introduced by Fine Gael Members of the Seanad.
Surely the Deputy is aware I am always open to reasonable amendments.
Is it possible for a wife to do this without going to court?
It would take only a minute to prove desertion.
I am aware of a person who is dying and who could not go to court.
I am afraid sworn evidence would have to be given by the applicant. I do not see how that problem could be got over.
In coming to the figure of £15 a week, is the Minister taking into account the finances necessary for a deserted wife to live?
This is enlarging the scope of the question.
No. I think the Deputy misunderstands me. There is no limit of £15. There is a limit of £15 in the district court. I am advised I must have a limit there because otherwise the court would be in danger of exceeding its constitutional powers. However, if a person feels she is entitled to more than £15 a week, plus £5 for each child, she can move in summary fashion in the High Court.
Is there a limit?
I have just said there is no limit. This is within the discretion of the district justice or judge because the circumstances of the applicant have to be taken into account.
Is the Minister aware that many deserters would be caught if these cases were held in camera? Wives do not want the publicity.
That is a separate question.
It arises out of the fact that these gentlemen are getting away with it in England. Wives know the addresses and, if the cases are held in camera, a great deal of money will be paid.
I am sure the Deputy is aware that, except in very limited circumstances, justice must be administered in public.
There is a grave injustice being done here to the taxpayer.
If an applicant wants to have her maintenance money she can apply to the court in the ordinary way.