I move amendment No. 75:
In page 35, to delete lines 19 to 31 and substitute the following:
"43.—The Act of 1976 is hereby amended by—
(a) in section 3, in the definition of ‘dependent child of the family', the substitution of ‘23' for ‘twenty-one',
(b) the insertion of the following section after section 8:
8A—(1) Subject to the provisions of this section, on an application to the High Court or the District Court under section 8 of this Act, the Court may, on application to it in that behalf by either of the spouses concerned, make an order directing the trustees of a pension scheme of which either or both of the spouses are members, not to regard the separation of the spouses by agreement as a ground for disqualifying either of them for the receipt of a benefit under the scheme a condition for the receipt of which is that the spouses should be residing together at the time when the benefit becomes payable.
(2) Notice of an application under subsection (1) shall be given by the spouse concerned to the trustees of the pension scheme concerned and, in deciding whether to make an order under subsection (1), the Court shall have regard to any order made, or proposed to be made, by it in relation to the application by the spouse or spouses concerned under section 8 of this Act and any representations made by those trustees in relation to the matter.
(3) Any costs incurred by the trustees of a pension scheme under subsection (2) or in complying with an order under subsection (1) shall be borne, as the court may determine, by either of the spouses concerned or by both of the spouses and in such proportions and such manner as the Court may determine.
(4) In this section "pension scheme" has the meaning assigned to it by the Family Law Act, 1994.',
(c) in section 10—
(i) the insnertion of the following subsection after subsection (1):
‘(1A) (a) Where a court has made an antecedent order, it shall in the same proceedings, subject to subsection (3), make an attachment of earnings order in order to secure payments under the antecedent order if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid.
(b) References in this subsection to an antecedent order made by a court include references to such an order made, varied or affirmed on appeal from that court.',
and
(ii) in subsection (2), the insertion, after ‘employment' of 'or is a trustee (within the meaning of the Family Law Act, 1994) of a pension scheme (within the meaning aforesaid) under which the maintenance debtor is receiving periodical pension benefits',".
This provides for the amendment of section 3 of the 1976 Act by raising the age of dependency from 21 to 23 in situations where the member of the family concerned is engaged in full-time education. This was referred to by Deputy Shatter.