asked the Minister for Justice whether he has any proposals for changing the law in relation to the present legal view on "the capability of minors"; if he is aware of the serious difficulty being caused to young couples trying to purchase their own homes, because of their inability to borrow money from building societies; and if he will make a statement on the matter.
Ceisteanna — Questions Oral Answers - Capability of Minors.
13.
I am not sure as to what the Deputy means by the expression "the present legal view of' the capability of minors"'. It will be appreciated that it is not part of my function, by way of reply to parliamentary questions, to express legal opinions, but I would invite the Deputy's attention to the fact that the Infants Relief Act, 1874, has explicit provisions about loans, distinct from the general law on contracts by minors, and it is quite clear that there is a problem.
As Deputies will be aware, the law relating to the age of majority is under examination by the Law Reform Commission and the commission have already issued a working paper on the subject. This was circulated for comment and criticism and did not represent the final views of the Commission. I have been informed, however, by the chairman of the commission that the commission's legal draftsman is now working on the preparation of the draft Bill to implement the proposals in the working paper. The Bill will accompany the final report, which will be submitted by the commission to the Taoiseach as soon as possible.
Does the Minister accept that it is ludicrous that a couple, one aged 22 or 23 and the other aged 19, for example, getting married and undertaking the most serious responsibilities that I suppose it is possible for a couple to undertake and endeavouring to obtain a loan from a local authority may be debarred from getting the loan because of the alleged under-age condition of one of the parties. Does he accept that that is farcical and needs urgent change?
I readily admit that there is a serious problem there and I assure the Deputy that the draft Bill which is expected very shortly — it is being drafted by the Law Reform Commission — proposes to deal with that problem.
That problem will be resolved?
Very shortly.
In the interim situation is there any way in which the Minister could assist local authorities to get over this admitted fault in the present situation in order to help young couples and make it possible for them to get married and purchase a house if they are financially able to do so?
I am not sure if there is any way in which I can assist those in the particular situation described by the Deputy as of now, but the chairman of the Law Reform Commission fully understands the seriousness of the problem and how it affects young people. Because of that, the draftsman is working on this Bill, which I should have very shortly.
Would the Minister undertake to see whether some sort of bridging arrangement is possible?
Certainly I will.
Has the Minister an idea when the legislation may actually be here?
As soon as I get it from the Law Reform Commission I shall gladly bring it to the House for processing.
Will the Minister guarantee to support us when we introduce it after the election?
If I were to wait——
Will the Minister kindly reply to Ceist 14?
I cannot answer any of the allegations this way. A Cheann Comhairle, this is not fair. I am in goal and all the penalties are being scored. I want some chance to defend myself. I should be able to hurl an odd ball.