In respect of Seanad amendment No. 1, I observe that amendments Nos. 6,8 and 9 are related. I am suggesting, therefore, that we discuss those four amendments together.
Matrimonial Home Bill, 1993: From the Seanad.
The Dáil went into Committee to consider amendments from the Seanad.
I move that the Committee agree with the Seanad in amendment No. 1:
Section 1: In page 3, subsection (2), line 15, after "3"",5 (5)" inserted.
These four amendments, which were inserted in the Bill on Committee Stage in the Seanad, are interlinked. Essentially they are technical in character. Their main purpose is to ensure that the courts' jurisdiction under section 5 of the Family Home Protection Act and under Part II of the Judicial Separation and Family Law Reform Act, 1989, will not be constrained in any way by the provisions of this Bill. This will apply regardless of whether such jurisdiction has been exercised in the past or remains to be exercised in the future.
Question put and agreed to.
In regard to amendment No. 2, I observe that amendment No. 13 is related. They may be discussed together.
I move that the Committee agree with the Seanad in amendment No. 2:
Section 1: In page 3, line 15, after "(1)", ", (3)" inserted.
The purpose of these amendments is to ensure that if a spouse wishes to opt out of joint ownership of a mobile home he or she will first have to obtain independent advice from a lawyer. This caveat already applies in the case of matrimonial homes and its application here is in line with the philosophy of the Bill which aims, as far as possible, to treat mobile homes in the same way as more conventional dwellings.
Question put and agreed to.
In regard to amendment No. 3, I observe that amendment No. 4 is consequential. Is it agreed that we discuss amendments Nos. 3 and 4 together? Agreed.
I move that the Committee agree with the Seanad in amendment No. 3:
Section 2: In page 4, subsection (1), between lines 6 and 7, the following definitions inserted:
"‘Land Registry', ‘registered land', ‘the register', ‘Registry of Deeds', and ‘unregistered land' have the meanings assigned to them by the Act of 1964;".
These are drafting amendments.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 4:
Section 2: In page 4, subsection (1), lines 19 and 20 deleted.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 5:
Section 5: In page 7, between lines 45 and 36, the following subsection inserted:
"(2) Where—
(a) a spouse in whose favour section 4 applies is convicted of the murder of the other spouse, and
(b) immediately before the death of the other spouse, an interest in the matrimonial home was vested by virtue of section 4 in the spouse in whose favour section 4 applies, then, as on and from such death—
(i) section 4 shall be deemed to have ceased to apply to the interest to which that section applied in the home, and
(ii) subject and without prejudice to the rights of any other person, the first-mentioned interest shall be deemed to have been re-vested in the other spouse."
I moved this amendment in the Seanad to meet a point raised on Committee Stage.
The question of whether a spouse who murders his or her spouse, having benefited from the joint ownership conferred by this Bill, should continue to retain that ownership, has already been the subject of extensive debate in the Dáil. Initially, I took the view that the general law, in connection with the specific provisions of section 6 of this Bill, was sufficient to cater for the rare instance when this particular issue would arise.
However, I have given further thought to this issue and in particular to the consideration which was not advanced in either the Dáil or Seanad debates, that it could happen that section 6 could not be invoked in circumstances where the couple concerned were childless and the spouse convicted of murder was the deceased spouse's executor. For this reason it seemed to me, that in the specific instance of murder it would be appropriate to set aside the statutory joint tenancy and that is the effect of the amendment. I am sure Deputies will be pleased with that.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 6:
Section 5: In page 8, subsection (2), lines 4 and 5, "and to any order of a court made during the period aforesaid" deleted.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 7:
Section 5: In page 8, subsection (4), line 14, "Section 45" deleted and "sections 12 and 45" substituted.
This is a technical amendment.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 8:
Section 5: In page 8, subsection (5), line 18, after "exercising", "on or after the passing of this Act" inserted.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 9:
Section 5: In page 8, subsection (5), line 19, after "1989", "or as affecting any order under those provisions made before such passing" inserted.
Question put and agreed to.
Amendments reported and agreed to.