Gerard Collins
Question:24 Mr. Collins asked the Minister for Equality and Law Reform the proposals, if any, he has to reform, modernise and modify the law of property in Ireland; and if he will make a statement on the matter. [6655/97]
Written Answers. - Property Laws.
The Deputy will appreciate that the legislative priorities of my Department — the Employment Equality Bill, the Equal Status Bill, the Children Bill, and a Family Law Bill — are as announced by the Chief Whip in the Government's programme of legislation for the current session. However, I can say that when current priorities are disposed of it would be my Department's intention, in line with its programme of work, to continue with its systematic review and reform of our laws in relation to property.
In the course of various legislative measures I have taken the opportunity to introduce reform of our property laws. In the Family Law Act, 1995, I initiated updating of the powers of the court to make property adjustment orders in support of parties to separation proceedings and I made provision for the court for the first time to make such orders in cases where the parties concerned have a foreign decree of divorce or separation that is entitled to recognition in the State. Property includes property, real and personal, and in the latter sense I should like to mention in particular the pension adjustment orders which I have provided for in the Act of 1995. Property adjustment, including pension adjustment orders, are now also a feature of our divorce laws based on provisions which I initiated in the Family Law (Divorce) Act, 1996.
The wide-ranging Family Law Act, 1995 implemented a recommendation of the Law Reform Commission concerning a time limit after which conveyances could not be declared void under the Family Home Protection Act, 1976. The Act of 1995 also repealed and re-enacted with amendments provisions in the Married Women's Status Act, 1957 giving the courts power to determine disputes between spouses in relation to property and it clarified the law in relation to the property of engaged couples as provided for in legislation of 1981. The Powers of Attorney Act, 1996 introduced reform of our property laws taking into account the report of the Law Reform Commission on enduring powers of attorney. That report was one of a series on land law and conveyancing law.
Notwithstanding the demands of other areas of the law on staff in the Department, I am satisfied that considerable progress has already been made to date in my Department on reforming our property laws. In future legislative proposals regarding property law, close consideration will be given to the other proposals in this area made by the Law Reform Commission.