andMrs. Desmond asked the Minister for Justice if it is intended to amend the law relating to domicile to provide for habitual residence status and an independent domicile for married women.
13.
Ceisteanna—Questions. Oral Answers. - Marital Law.
12.
asked the Minister for Justice if there are any proposals to abolish the right of action which a husband has for criminal conversation; and if he will enumerate the consequences which he claims have a bearing on such a change in the law.
With the permission of the Ceann Comhairle I propose to take Questions Nos. 12 and 13 together. Both these matters, that is to say, the law relating to the domicile of married women and the legal action known as an action for criminal conversation, are under examination by the Law Reform Commission who, I understand, expect to be publishing reports or working papers on them in the near future.
I have not, to my knowledge, ever spoken of consequences of the abolition of the legal action known as criminal conversation. What I have said is that there are various ways in which it is possible to achieve the desired effect of putting husband and wife on an equal footing in regard to such actions. I have also said that the law of criminal conversation should not be considered in isolation but that the review of the law should also extend to other legal actions in the same general area such as an action for enticement—which incidentally is an action which a wife as well as a husband can take.
Will the Minister not accept that while cases of this kind may be very limited they symbolise the inequality of women before the law and are taken as such? Would he not agree that it is a matter that should receive priority and should be dealt with urgently? We tabled this question in October 1977 and the Minister's reply was not much clearer. Could we have some action in the matter?
I accept and I share the Deputy's concern in this area. Again I say to the House that this matter is before the Law Reform Commission. I understand it is very likely that we shall have a working paper from them in the very near future. When this matter was last raised in the House I can assure the House the commission were made aware and are aware of the interest of the Members in this area.