Dáil Éireann debate -
Tuesday, 12 Feb 2002

Vol. 548 No. 2

Written Answers. - Maintenance Orders.

John Bruton

Question:

372 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if he will introduce reciprocal arrangements for the United Kingdom to ensure the easy tracing of Irish people who go to Britain to avoid paying maintenance to their family, or British people who come here for the same purpose; and if not, the reason therefor. [4613/02]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The Maintenance Orders Act, 1974, gives effect to an agreement with Northern Ireland, England, Wales and Scotland for the reciprocal recognition and enforcement of maintenance orders. Under the Act a maintenance creditor may apply to the court which made the order to have the order transmitted to the appropriate authorities in the other jurisdiction for enforcement. The authorities are then obliged by law to institute court proceedings to have the maintenance order enforced in that jurisdiction. This is carried out at no cost to the applicant.

Also, the Maintenance Act, 1994, which gives legal effect to the United Nations Convention on the Recovery of Maintenance Abroad done at New York on 20 June 1956, provides, through a transmitting and receiving agency, administrative assistance to claimants who wish to recover maintenance from debtors living abroad, whether or not a maintenance order is already in place. In line with the relevant provisions of the convention, section 20 of the Maintenance Act, 1994, provides that the Irish central authority can obtain any information necessary or expedient for the performance of its functions. In this connection it can require any holder of a public office or body financed wholly or partly by means of moneys provided by the Oireachtas to provide it with any information in the possession or procurement of the holder or the body as to the whereabouts, place of work or location and extent of assets of a maintenance debtor. The central authority may also seek an order of the District Court to obtain such information from any other body or person. There is no equivalent provision in the Maintenance Orders Act, 1974.

Ireland has in place the necessary statutory instrument (S.I. No. 288 of 1995) to facilitate the application of the New York Convention in Irish law, including in respect of the United Kingdom. I understand, however, that the UK authorities have yet to complete the corresponding steps under UK law as respects Ireland. I remain in contact with the UK authorities as to their proposals in this regard.