I move amendment No. 70a:
In page 14, subsection (1), line 6, to delete the definition of "matrimonial home".
SECTION 16.
Amendment agreed to.
I move amendment No. 70b:
In page 14, subsection (1), line 8, to delete "or 11".
Amendment agreed to.
I move amendment No. 70c:
In page 14, subsection (1), line 9, to delete "or 11".
Amendment agreed to.
I move amendment No. 71:
In page 14, subsection (1), line 10, to delete "he" and substitute "that spouse".
Amendment agreed to.
I move amendment No. 71a:
In page 14, subsection (2), line 12, to delete "or 11".
Amendment agreed to.
I move amendment No. 71b:
In page 14, subsection (2), line 13, to delete ", or to an interest in," and substitute "an interest in".
Amendment agreed to.
I move amendment No. 71c:
In page 14, subsection (3), line 16, to delete "or 11".
Amendment agreed to.
I move amendment No. 71d:
In page 14, subsection (3), line 17, to delete ", or to an interest in," and substitute "an interest in".
Amendment agreed to.
I move amendment No. 71e:
In page 14, subsection (4), line 23, to delete "or 11".
Amendment agreed to.
I move amendment No. 71f:
In page 14, subsection (4), line 23, to delete ",or to an interest in," and substitute "an interest in".
Amendment agreed to.
I move amendment No. 71g:
In page 14, subsection (4), line 25, to delete "or 11".
Amendment agreed to.
I move amendment No. 71h:
In page 14, subsection (4), line 26, to delete "or 11, as the case may be,".
Amendment agreed to.
I move amendment No. 72:
In page 14, subsection (5), line 31, to delete "he" and substitute "the bankrupt".
Amendment agreed to.
Section 16, as amended, agreed to.
Section 17 agreed to.
SECTION 18.
Amendment No. 73 is in the name of the Minister and amendment No. 74 is related. Amendments Nos. 73 and 74 may be discussed together, by agreement.
I move amendment No. 73:
In page 14, subsection (1), between lines 43 and 44, to insert the following:
"(b) as to whether—
(i) specified land is or was at any particular time a matrimonial home, or
(ii) a specified structure, vehicle or vessel is or was at any particular time a mobile home,".
Amendment No. 73 empowers a court to determine any questions arising as to whether specified land is or was comprised in the matrimonial home or what part of specified land, say, if a farm constituted or was part of a matrimonial home.
The conveyancing committee of the Law Society has suggested, and I agree, that it would be desirable also for the court to have power to decide whether a home is a matrimonial home or a mobile home as defined in the Bill. For example, there could be a doubt as to whether some of the constituents of the definition of say a matrimonial home were present in a particular case such as whether both spouses were ordinarily resident in the home or whether it was their role or principal residence and so on. This amendment allows the court to adjudicate on any such disputes. It corresponds to amendment No. 74 in the name of Deputies O'Donnell and Harney and I trust it meets their wishes.
Amendment agreed to.
I move amendment No. 73a:
In page 14, subsection (1)(c), line 47, to delete "or 10".
Amendment agreed to.
Amendment No. 74 not moved.
I move amendment No. 74a:
In page 15, subsection (2), lines 26 to 35, to delete paragraph (b) and substitute the following:
"(b) In the case of an easement that exists by virtue of section 4 (5) (a), the court may, on application to it in a summary manner by any person, order the payment to that person by either or both of the spouses concerned or, where appropriate, a successor in title of such compensation (if any) as it considers reasonable in all the circumstances in respect of any diminution in value of the interest of that person in the land caused by the easement.".
Amendment agreed to.
I move amendment No. 74b:
In page 15, subsection (2) (c) (ii), line 48, to delete "other".
Amendment agreed to.
Section 18, as amended, agreed to.