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Select Committee on Social Affairs debate -
Thursday, 9 Sep 1993

SECTION 15.

Amendment No. 70 not moved.
Question proposed: "That section 15 stand part of the Bill".

On section 15 I wish to ask the Minister questions about some of the issues in relation to chattels. The Minister of State indicated yesterday that there might be some thinking on this and that he was going to have some comment to make on Deputy McManus' point in relation to extending the definition to items of property. Chattels is a strange and old fashioned word to most of us. There was some thinking about broadening the definition to include the item referred to by Deputy McManus. Unfortunately, she did not anticipate the speedy progress we made in the last ten or 15 minutes. In the absence of our spokespersons, will the Minister say whether he is happy with this definition.

The Ministers comments about me getting legal advice if I was buying a car would certainly be justified if there was joint ownership of cars.

I am happy to listen to anything any Deputy may wish to say either now or on Report Stage. I do not think cars could be regarded as household chattels. Chattels, as compreheneded by the definition, are all state items used in and about the home. The Deputy is raising wider questions of extending joint ownership to matrimonial assets outside the dwelling in which spouses live, as Deputy McManus did earlier in relation to holiday homes and dwellings other than the one occupied by them as their sole or principal residence. My view is that these wider aspects will need careful and detailed consideration as a separate issue. That is what they will receive in the examination of specific recommendations of the Commission on the Status of Women for a wider sharing of matrimonial assets. I am happy enough with the definition.

We are moving into a slightly broader aspect but in the one-car household the investment in the car can often be the same as a family support mechanism. It is a very important element in the family property at any time of crisis or break-up. Even in a two-car family the issue is not irrelevant. There are wider issues. Deputy McManus referred to this yesterday and the Minister referred to it in his reply. The Commission on the Status of Women would like to see a much broader consideration of this.

We will examine it in that context.

Question put and agreed to.
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