Vol. 466 No. 6
13 Dr. Woods asked the Minister for Equality and Law Reform the steps, if any, he has taken to implement that part of the Maintenance Act, 1994, which provides for the recovery of maintenance due from abroad; the assistance, if any, provided for a person seeking maintenance from a person in another state; the amount that has been recovered to date; and if he will make a statement on the matter. [11928/96]
The Maintenance Act, 1994, came into operation on 25 November 1995. On that date the UN Convention on the recovery abroad of maintenance entered into force as regards Ireland. The EC Convention on the Simplification of Procedures for the Recovery of Maintenance has been ratified but it will not enter into force until it has been ratified by all the member states. The 1994 Act enabled the State to ratify both conventions.
Reciprocal arrangements under Part III of the 1994 Act for the recovery of maintenance between Ireland and each constituent state of the United States of America were brought into operation on 1 May 1996.
I am discharging the functions of the Central Authority provided under the Act to assist in the recovery of maintenance. The Authority liaises with authorities in other states for that purpose. To date, six applications under the Act for the recovery of maintenance from persons living abroad were received by my Department. Five of them have been forwarded within the last seven weeks to the appropriate agencies in the states concerned and are being processed here. The remaining one is awaiting the supply of further information from the applicant.
What assistance is provided for people seeking maintenance from a person in another state? To what extent is the scheme advertised? How many countries are involved in reciprocal arrangements?
I am not sure if I am in a position to answer all those questions but I will take note of them and issue the replies to the Deputy. All member states of the European Union, as soon as they legislate for the convention, are involved in those arrangements. Under the 1994 Act we are enabled to sign the two conventions. All states of the United States of America are included. The cases to which I referred cover the following states: France, Alabama, Florida and the United Kingdom. In regard to advertising, I am not sure what precise public information has been made available. This legislation has been in operation since 1 May and I am sure all social welfare offices, relevant social support offices and the National Social Service Board has the relevant information. I will make inquiries on behalf of the Deputy and request the Department to write to him on that matter.
For the purpose of the convention the Central Authority has been established under the aegis of the Department of Equality and Law Reform. It is particularly important to get the message across. The Minister mentioned the Department of Social Welfare and other bodies. Obviously, they have many outlets and contacts, which are very important, but they might not take the initiative; that must be taken by the Department. That should be made very clear. Since 1 May six applications have been made. There were relations between the UK and other European countries before that date. Has the Minister information on the number of cases that have arisen as a result of the previous position?
In regard to public information offices, the Department of Social Welfare, of which the Deputy has intimate knowledge, has a very extensive network of offices, as has the National Social Service Board, which comes under the aegis of the Department, and that is the ideal instrument for the promotion of this information. Libraries and local authorities could also be used but probably not to the same positive effect. The arrangements with the United Kingdom, which go back as far as 1974, are in no way altered by this legislation. It has been decided by the Department of Equality and Law Reform that, for the time being, the function of the Central Authority will be vested in that Department until it sees what the volume of business is and whether it would be appropriate to transfer that function to another designated body. The information available to me is that it is too early yet to form a view in that regard.
Is the Minister aware of the difficulties encountered by women in having maintenance orders enforced? The onus is on the recipient of the order to pursue the matter through the courts and that causes great difficulty, upset and psychological damage to many women. Will the Minister consider taking steps to alleviate that problem?
The Minister is aware of the difficulties involved. A case was brought to his attention recently of a woman living in his constituency who had previously been married to an employee of the New York Police Department. A legal separation was agreed and the woman, who now lives in Ireland, received maintenance payments for a couple of months but payment then stopped. The difficulty with information and enforcement was made very clear to him in that when he asked the woman for information — he presumed that attachment orders would be available in a public service office such as the New York Police Department — equivalent to the RSI number of the person in question and perhaps his serial number and rank within the police force, she had difficulty getting the information because it was not attached to the documentation relating to the court case. After getting the information, which took some time, the case was processed through the good offices of the consul in New York and through his political contacts in New York city. He accepts that not every person will be in that position, but no individual citizen should have to go through that process. The assistance given by State agencies through the Central Authority is designed specifically to obviate the need for that kind of intercession.
If I understood the Minister correctly, he said only three countries in the EU have ratified the convention — Ireland, the UK and France. Legislation is, therefore, needed in the other 12 member states. Can the Minister for Equality and Law Reform do anything to encourage those countries to bring forward the necessary legislation, which may be of assistance to people here?
I am not sure the information the Deputy cited is accurate, nor am I sure that I gave it, as it does not appear to be in the documentation I have with me. It does not come into force collectively throughout the EU until all member states have ratified it and my information is that not all have done so. As to which states are outstanding, I do not know but I will find out for the Deputy.
As to the appropriate Department to deal with the issue, it is reasonable, as the Minister suggested, that the Minister for Equality and Law Reform should get the package together and the scheme up and running. However, the Department of Social Welfare is involved in bilateral agreements all over the world on social security matters and has a unit to deal with pension rights, invalidity, etc. It also has a small unit for the collection of these moneys abroad, which was set up a few years ago and is making reasonable progress. As it is that Department which makes the payments it uses this function a great deal, so it seems a suitable place from which to do this work also. It has a mechanism in place and therefore appears to be the appropriate Department. Perhaps it could be considered.
I would come to the same conclusion, although I am not necessarily well informed as to the precise detail. Where an existing system is in operation with a body of experience from our many by bilateral agreements with other countries on social welfare and trans-frontier payments, that existing administration and body of expertise should be utilised. Perhaps that could be done on an agency basis for the central authority which has the responsibility to implement this legislation.
