Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 4 Nov 1992

Vol. 424 No. 9

Ceisteanna-Questions. Oral Answers. - Commission on the Status of Women.

Proinsias De Rossa

Question:

3 Proinsias De Rossa asked the Taoiseach if he has yet received the report of the Commission on the Status of Women, details of which were published in a report (details supplied) on 13th October, 1992; when it is intended to formally publish the report; and if he will make a statement on the matter.

The Government have not yet received the final report of the Commission on the Status of Women. I am informed that the report is now being finalised and is expected to be completed next month. It will be published shortly afterwards.

As I am sure the Minister of State is aware, details of the report have been leaked in recent times which indicate it is to be proposed that, apart from the family home, all property, income and assets other than assets acquired prior to the marriage should be commonly owned. Can the Minister of State indicate — if it matters at this stage — what the Government's view would be if such proposal was made and would be accept that such an approach would be of help in the debate on the divorce issue?

The Government's position is already on the record. As the Deputy said, I am aware that there have been leaks. Unfortunately, the commission are not in a position to issue their report, having regard to the fact that there were approximately 600 submissions. This is indicative of the interest which has been engendered. As the Deputy is aware, the commission's first recommendation in their first statement was that "legislation should be introduced immediately giving each spouse equal rights of automatic beneficial ownership in the family home and household chattels". The Minister for Justice has given a firm commitment in the recently published White Paper on Marital Breakdown that "legislation is being drafted as a matter of priority to give each spouse a statutory entitlement to an equal share in the ownership of the family home and household chattels".

I am aware of that issue. As I understand it, the commission will propose that this right should be extended beyond household chattels to income and assets acquired after marriage as distinct from assets such as land acquired by either spouse before marriage. During the last referendum campaign on divorce fears were raised in relation to the question of ownership of land. Can the Minister of State tell us if the Government have any view on the question of the extension of common ownership within marriage of assets, apart from chattels acquired after marriage?

As I have said previously in the House, I am anxiously awaiting the commission's report, given that it will be of tremendous importance. They will make a number of important recommendations and legislative action will be required. I am not privy to their deliberations, even though there have been leaks. While I understand the point the Deputy is making I am not in a position to give a response on behalf of the Government. Suffice it to say that, as Minister of State with responsibility for women's affairs, I will be co-ordinating the efforts of and working with various Ministers. I am not in a position to make any further comment. I should say, however, that I have been in my office for the past few weeks preparing a response and I hope that we will not have to wait much longer for these important proposals from the commission.

Bearing in mind the Minister of State's statement that he has not yet received the proposals and therefore cannot comment on them, may I ask him if such a proposal was made by anybody in this House or elsewhere what would the Government attitude be? For instance, if it was proposed that Article 40.2.2º, which states that a woman should not be obliged to seek work outside the home, should be deleted from the Constitution as it casts a patronising and unnecessary reflection on women, would the Government agree to such a deletion?

It would be wrong of me to pre-empt the outcome of the deliberations of Justice Mella Carroll and the commission. At this stage I am not in a position to comment on the points raised by the Deputy.

Top
Share