In order to dispose of the remaining amendments in the names of the Minister and Deputy Shatter, one question should now be put.
SECTION 31.
Amendments Nos. 33 to 36, inclusive, not moved.
Section 31 agreed to.
Chairperson
We will take them section by section.
That will take two or three minutes if we do it properly.
Sections 32 to 34, inclusive, agreed to.
NEW SECTIONS.
Amendment No. 37:
In page 17, before section 35, but in Part IV, to insert the following new section:
"35.—Save in so far as otherwise provided in this Act, the law relating to proceedings for divorce a mensa et thoro shall, so far as applicable, apply in relation to proceedings for judicial separation.”.
This is purely a technical amendment.
Amendment agreed to.
I move amendment No. 38:
In page 17, before section 35, but in Part IV, to insert the following new section:
"36.—(1) In this section ‘the Act of 1976' means the Family Law (Maintenance of Spouses and Children) Act, 1976.
(2) Section 5 of the Act of 1976 is hereby amended—
(a) by the insertion in subsection (2) after ‘the other spouse' of the following:
‘unless, having regard to all the circumstances (including the conduct of the other spouse), the Court is of opinion that it would be repugnant to justice not to make a maintenance order',
(b) by the deletion of subsection (3), and
(c) by the insertion of the following paragraph after paragraph (b) of subsection (4):
‘(c) the conduct of each of the spouses, if that conduct is such that in the opinion of the Court it would in all the circumstances be repugnant to justice to disregard it.'.
(3) Section 6 of the Act of 1976 is hereby amended—
(a) by the insertion in paragraph (b) of subsection (1), after ‘any circumstances not existing when the order was made’, of the following:
‘(including the conduct of each of the spouses, if that conduct is such that in the opinion of the Court it would in all the circumstances be repugnant to justice to disregard it)',
(b) by the insertion in subsection (2), after ‘and continues to desert the maintenance debtor', of the following:
‘unless, having regard to all the circumstances (including the conduct of the other spouse), the Court is of opinion that it would be repugnant to justice to do so.',
(c) by the deletion of subsection (4), and
(d) by the deletion of ‘or adultery by' in subsection (5) and the substitution of ‘by, or conduct of,'.".
Amendment agreed to.
Section 35 deleted.