asked the Minister for Justice if, in view of the acute economic position of many deserted wives, he will consider increasing, as a matter of extreme urgency, the maximum amount payable on maintenance orders to women in this position; and, if he will also enter into discussions with the British Government about the possibility of introducing reciprocal legislation whereby Irishmen who desert to the United Kingdom can be made pay maintenance to their wives in this country.
Ceisteanna—Questions. Oral Answers. - Deserted Wives.
35.
I would refer the Deputy to section 18 of the Courts Bill 1971, which has been passed by the Seanad and which is now before this House.
As regards the reciprocal enforcement of maintenance orders between this country and Britain, the position is that there is no real prospect of such an arrangement coming into effect for some time yet. Detailed discussions have already taken place with the British authorities and good progress has been made but the enactment of the necessary legislation on the British side is not expected to be possible for some time yet. Moreover, it now appears possible that a bilateral agreement with Britain may not be the most satisfactory solution from our point of view because the EEC countries have concluded a convention on the reciprocal enforcement of court judgments and the provisions of that convention, which presumably this country will be ratifying on our accession, may suit our needs better than any alternative. The EEC Convention is not confined to maintenance orders but applies to court judgments generally, with some exceptions. The matter will be discussed further both with the British and with EEC representatives and, for the moment, our options are being kept open.
If it is the case, as I understood from the Minister's reply, perhaps wrongly, that if and when we do join the EEC this will automatically become, effective, where then is the option?
The question is whether it would be worth our while making a bilateral agreement with Britain in the meantime to cover the period between now and the date of accession. I understand the EEC authorities have stated they do not favour these bilateral agreements being entered into at this juncture. This is particularly so in the light of the fact that it would be a short period.
The Minister said that we had reached agreement in principle with Britain and the obstacle lay on their side because of problems in their legislative programme. Where then is the option?
One of the problems is that the British have agreed with us so far as our side of this problem is concerned but they have to try to reach agreement with a number of other countries and they are finding difficulty in doing that.
Even if we only gain six months it is worth entering into a bilateral agreement with Britain from the point of view of the hardship to the people concerned.
I said we wanted to keep our options open because it would be helpful to many deserted wives.
Does the Minister agree that thousands of cases have not come to light due to embarrassment on the part of wives and families? Would the Minister consider introducing some system whereby these cases can be brought to court, held in camera and so save embarrassment to wives and families?
That is a separate question. The question only refers to reciprocal enforcement.
It is a separate question.