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Special Committee on the Judicial Separation And Family Law Reform Bill,1987 debate -
Thursday, 22 Sep 1988

SECTION 7.

We have completed our consideration of Parts I and III and we are now going on to Part II. We start with section 7 of the Bill. There are a number of amendments to section 7. Amendment No. 62 has been tabled by the Minister and amendment Nos. 63, 64, 66, 67, 68, 70, 71, 72, 73 and 74 are related. I propose that we take these together by agreement. Is that agreed? Agreed.

I move amendment No. 62:

In page 7, lines 10 and 11, to delete "party to a marriage or to the parties of a marriage" and substitute "spouse or spouses".

With regard to the amendments you have listed, these are small drafting amendments aimed at bringing the definitions in section 7 of "dependent child of the family", "dwelling", and "family home" into line with the definitions of those terms in either the Family Law (Maintenance of Spouses and Childrens) Act, 1976 or the Family Home Protection Act of 1976. Members will recall that amendment No. 18 made a similar change to section 4 of the Bill and was accepted by the committee.

Amendment No. 62, and the other amendments the Minister refers to, basically are deleting the reference to party to a marriage or to the parties to a marriage and is replacing it with the reference simply to a spouse or spouses. That is my understanding of what we are doing.

Looking at those amendments as they stand on their own, there is no particular reason why they could not be accepted. They seem to be fairly straightforward, but I am not sure that that is the case. It seems to me there is an interlinking between these amendments and other sections of the Bill. Accepting these amendments would make complete sense if we were to go on to accept the other amendments the Minister has tabled to most of the sections contained in Part II. I have a problem, and perhaps the Minister could deal with this so that we do not get bogged down unnecessarily at this stage.

The rest of Part II of the Bill in its original form at various places refers to a "party to a marriage" instead of referring to a person as a spouse. They mean the same thing, and it does not greatly matter. The problem is that if we accept the Minister's amendments in section 7 and if we should go on and accept, for example, section 10 of the Bill in its current form, as opposed to accepting the Minister's proposal which would be to delete it and accept a number of other sections, we have a reference to "spouses" in section 7 and a reference to "parties to the marriage" in section 10. There is an interlinking here and that is my only problem with this.

If the Minister had tabled an amendment to change throughout Part II the reference to "party to a marriage or to the parties to a marriage" simply to "spouse" or "spouses", I would immediately accept it and there would be no problem. There does seem to me to be an interlinking and if we accept what appears on the surface to be a simple linguistic amendment to section 7, we are travelling along the road of automatically going on to accepting possibly other amendments the Minister has tabled or creating a degree of inconsistency of approach in the Bill. You would be referring to spouses in section 7 which is one part of Part II and you will be referring to them differently in section 10.

Nevertheless, if the committee takes the view that they want to do that, I would say that we could, of course, take the word "spouses" in this section and if we retain section 10 and other sections, we could on Report Stage change them to refer to "spouses" for consistency. I have no objection to that either. I would like it to be clarified from the Minister's side, that if we accept this amendment we are not going to hear an argument later on in the morning to suggest that because we accepted what appears to be an innocuous amendment to section 7 that we must now go on and accept all the other amendments.

I accept Deputy Shatter's suggestion. There will be no arguments later on.

I should like to thank members of the committee for agreeing to postpone yesterday's meeting. I would also like to thank the Minister who I know had made arrangements in advance to be available and unfortunately we gave him somewhat short notice.

Amendment agreed to.

I move amendment No. 63:

In page 7, line 12, to delete "parties" where it firstly occurs, and substitute "spouses".

Amendment agreed to.

I move amendment No. 64:

In page 7, line 12, to delete "parties" where it secondly occurs, and substitute "spouses".

Amendment agreed to.

Chairperson

Amendment Nos. 65 and 69 are related and may be discussed together.

I move amendment No. 65.

In page 7, line 13, to delete "1976" and substitute "1988".

These are simply technical amendments to allow for a recent Bill that was passed through the Dáil. I may be subject to correction but I believe the Adoption Acts should also refer to the Act of 1988.

It is a correct amendment. As a result of the Adoption Act during the vacation period having been deemed to be constitutionally in order by the Supreme Court, I am happy to accept the amendment.

We agree also with Deputy Colley's amendments. I would like to point out that my amendment No. 45, before section 21 in Part III of the Bill, which was accepted by the committee on 29 June also has a reference to the Adoption Acts. An amendment on the same lines as the present one from Deputy Colley will have to be formally made in due course.

I think we can agree that. I do not think there is any great difficulty about it.

Amendment agreed to.

I move amendment No. 66:

In page 7, line 13, to delete "parties" and substitute "spouses".

Amendment agreed to.

I move amendment No. 67:

In page 7, line 15, to delete "party to a marriage" and substitute "spouse".

Amendment agreed to.

I move amendment No. 68:

In page 7, line 15, to delete "party" where it secondly occurs, and substitute "spouse".

Amendment agreed to.

I move amendment No. 69:

In page 7, line 16, to delete "1976" and substitute "1988".

Amendment agreed to.

I move amendment No. 70:

In page 7, line 17, to delete "party" where it firstly occurs, and substitute "spouse".

Amendment agreed to.

I move amendment No. 71:

In page 7, line 17, to delete "party" where it secondly occurs, and substitute "spouse".

Amendment agreed to.

I move amendment No. 72:

In page 7, lines 38 and 39, to delete "party to a marriage" and substitute "spouse".

Amendment agreed to.

I move amendment No. 73:

In page 7, line 40, to delete "party" where it firstly occurs, and substitute "spouse".

Amendment agreed to.

I move amendment No. 74:

In page 7, line 40, to delete "party to the marriage" and substitute "spouse".

Amendment agreed to.
Section 7, as amended, agreed to.
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