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Dáil Éireann debate -
Wednesday, 2 Feb 1977

Vol. 296 No. 5

Ceisteanna — Questions. Oral Answers. - Criminal Conversation.

17.

asked the Minister for Justice if he has any proposals for the abolition of the tort of criminal conversation; and if he will make a statement on the matter.

An examination of the law relating to the cause of action of criminal conversation is one of the matters included by the Law Reform Commission in their first programme for law reform under the heading of family law. The programme was approved by the Government and it was laid by the Taoiseach before both Houses of the Oireachtas on 4th January, 1977, pursuant to section 5 (2) of the Law Reform Commission Act, 1975. I understand that the commission are dealing with family law as a matter of priority.

Will the Minister give me an assurance that this feudal relic of female serfdom, which is completely out of keeping with modern society, will be dealt with as a matter of priority by the commission?

The commission have published their programme and the Taoiseach has laid the programme before both Houses of the Oireachtas. It will be a matter for the commission to decide on the priorities within that programme. As I indicated, family law is being dealt with as a matter of priority. I do not know how soon the commission will report or which aspect of family law they will decide should have priority. It is a matter entirely for them.

Will the Minister indicate to the commission that this should be taken as a matter of priority in view of the repeated claims by women's associations over the past number of years that this antediluvian archaic provision should be removed from modern law?

There are many such provisions in our law requiring reform, resulting from many years of neglect in this area. We have appointed an expert commission to deal with this.

Is the Minister aware that even the Judiciary have on occasion commented critically on the situation as it is at present? Indeed, one member went so far as putting on the record that he believed it reduced women, as it were, to mere chattels. Because of observations and criticisms such as this, will the Minister agree to convey to the Law Reform Commission the urgency there is for bringing legislation to the House as soon as possible.

The Law Reform Commission is composed of members of the Judiciary. If what the Deputy says is correct, they will be fully aware of this themselves and any message from me would be quite out of place and unnecessary.

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