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Special Committee Family Law (Maintenance of Spouses and Children) Bill, 1975 debate -
Tuesday, 2 Dec 1975

SECTION 28.

I think amendment No. 6 and amendment No. 7 are related. Will we take them together by agreement?

I move amendment No. 6 :

In page 17, subsection (1), line 16, after " 1886." to insert "section 13 of the Illegitimate Children (Affiliation Orders) Act, 1930."

These amendments are necessary for drafting, because affiliation orders under the 1930 Act are antecedent orders under the Bill, so that they can be subjected to the attachment of earnings provisions. Section 13 of the 1930 Act is a single section relating to attachment of an income or pension of a defendant in affiliation proceedings. The section is apparently a dead letter. I think it would be better if it were repealed because the present Act under Part III is providing for attachment of earnings and it covers affiliation orders as well.

Amendment agreed to.

I move amendment No. 7:

In page 17, subsection (2) (a), line 29, after "order" to insert "or an attachment of earnings order, as the case may be ".

Amendment agreed to.

There is a further amendment asking the Minister to bring in free civil legal aid.

I have already ruled on that. It would involve a charge on public funds.

Yes, you did rule the efforts by us to bring in free legal aid under this particular Bill out of order.

But can the Minister, just as a statement of policy, say when—the point of my amendment which has been ruled out of order is that under the Bill it would appear that free civil legal aid should be there as of right where the circumstances demand that it should be available—the whole question of free civil legal aid will be dealt with finally?

That depends, in the first place, on when the Pringle Committee reports.

Can the Minister say when the Pringle Committee was set up and when it is the intention of the Pringle Committee to report and when that report will be made?

They will issue a report and their terms of reference permit them to make an interim report. They are sitting now in excess of 18 months. I know that this is a complex subject and they have been investigating the systems of civil legal aid in other jurisdictions. They have had a very large number of submissions, both oral and written. It is a very active committee and I have no doubt that their report will be a comprehensive one. They have power to bring in an interim report.

The Minister is aware of the fact that we could probably mandamus him in view of the fact that Dáil Éireann have passed an unanimous resolution indicating that free civil legal aid should be brought in immediately.

Yes. Part of the lobby is for legal aid for mandamus applications.

Section 28, as amended, agreed to.
Title agreed to.

The suggested Report of the Committee is as follows :

The Special Committee has considered the Bill and has made amendments thereunto. The Bill, as amended, is reported to the Dáil.

Report agreed to.

Ordered to report to the Dáil accordingly.

The Committee concluded its business at 7.15 p.m.

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