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Dáil Éireann debate -
Wednesday, 16 May 1973

Vol. 265 No. 9

Ceisteanna—Questions. Oral Answers. - Enforcement of Maintenance Orders.

23.

asked the Minister for Justice if he has any proposals whereby civil debts may be collected by stopping regular sums from the pay packets of defaulters.

24.

asked the Minister for Justice when it is intended to introduce legislation to attach a husband's salary at source in the event of the granting by a court of a maintenance allowance against him on the grounds of wife desertion; and the form this legislation will take.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 23 and 24 together.

The possibility of having maintenance orders against deserting husbands enforced by compulsory deductions from their earnings is being examined. Since the matter is still only at the stage of being examined, I am not in a position to make any statement about the legislation that may be necessary. Apart from this, I have no proposals in the matter.

25.

asked the Minister for Justice if the Government proposes to ratify the EEC convention on civil and commercial judgments under which maintenance orders can be enforced abroad.

26.

asked the Minister for Justice (a) if he will outline the exact position of deserted wives who wish to obtain moneys from their husbands living in Britain and elsewhere on foot of Irish court orders and (b) the arrangements, if any, which exist between Ireland and Britain and other EEC countries to ensure the enforcement of court orders granting maintenance allowances to deserted wives against husbands living in any of the countries mentioned.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 25 and 26 together.

There is no arrangement at present whereby maintenance orders made by our courts can be enforced in any other country, including other member states of the EEC.

However, under Article 3.2. of the Act of Accession, which is an integral part of the Treaty of Accession signed by the three new member states on 22nd January, 1972, this country undertook to accede to the EEC Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters and to enter into negotiations with the original member states to make the necessary adjustments to the Convention. This Convention applies to maintenance orders, as well as to certain other court judgements.

An ad hoc Working Group comprising representatives from the nine member states is now engaged in examining the problems of adapting the Convention to meet the requirements of the new member states. When the necessary adjustments have been agreed it may be taken that legislation will be introduced to enable this country to adhere to the Convention.

When the Convention comes into force between this country and the other member states, maintenance orders made by our courts will be enforceable in any of these states. It seems unlikely at this juncture that this position will be achieved for some time but, meanwhile, I am hopeful that it will be possible to negotiate an interim arrangement with Britain for the reciprocal enforcement of maintenance orders.

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