asked the Minister for Justice if he will initiate legislation to amend the Family Law (Maintenance of Spouses and Children) Act, 1976 (i) to enable women who seek refuge in the battered wives' home in Harcourt Street, Dublin to bring an action in the Dublin Metropolitan District for banning the husband from the family home rather than to have to return to the local court in which the home is situated and (ii) to enable the parties to proceedings under the Act to receive legal aid.
Ceisteanna—Questions. Oral Answers. - Family Law Act.
8.
As regards the first matter, the 1976 Act provides, as one of the choices available, that proceedings may be brought before a district justice assigned to the district where either party ordinarily resides. Ordinary residence is a question of fact—and may of course include residence with relatives or friends. Whether it would include a stay in the institution mentioned would presumably depend on the facts of the particular case.
Because of this and apart from other considerations, I do not consider that I would be justified in introducing an amendment of the law that would distinguish between people staying in a particular institution and others.
As regards legal aid, I refer to my reply of 20th October in which I stated that I consider that it would be inappropriate for me to take any decisions in regard to legal aid in cases such as this in advance of consideration of the report of the Civil Legal Aid Committee.
Can the Minister say when the report from the Civil Legal Aid Committee will become available? He must be aware that in the meantime there is severe hardship in respect of the types of cases mentioned by Deputy Collins in his question.
I cannot say when the report will be available. The committee are aware of my anxiety to have the report as quickly as possible. I know they are working extremely hard on this matter and I have no doubt that they will report as soon as they are in a position to do so fully and competently.
Would the Minister not agree that there is a great deal of merit in the intent of the question raised by Deputy Collins?
I agree that there is merit in the question as to where proceedings should be taken and I can see the hardship involved in this regard for the people in question but, as I have indicated, the Act provides for proceedings being brought in the district where the party ordinarily resides. That would be a matter for the courts to decide in any particular case.
If there is all-party agreement in relation to this matter, would the Minister be prepared to change the procedure?
Not necessarily because there are many other considerations that would have to be taken into account in changing the jurisdiction of the District Court. This would require some study. It is not as simple a matter as it might appear. Because proceedings may be brought in the district in which either party resides I wonder whether there is a big problem here.
Would the Minister agree that there is, even in the Dublin situation, considerable dissatisfaction with the accommodation provided in the courts in pursuance of cases in this category and does he recall that I addressed a question to him on this matter some time ago? Would he favourably consider endeavouring to have this type of case held in a better, more congenial, more sympathetic atmosphere?
I am aware of the situation in that regard and I am pleased to be able to tell the Deputy that steps are being taken to provide a separate venue for such cases.