asked the Minister for Justice when he intends to introduce legislation to give effect to the recommendations of the Nineteenth Interim Report of the Committee of Court Practice and Procedure on the subject of desertion and maintenance.
Ceisteanna—Questions. Oral Answers. - Desertion and Maintenance Legislation.
42.
The recommendations in this report are being urgently examined in consultation with other interested Departments. I am anxious to introduce a Bill as soon as possible. But, as the Deputy will appreciate, there are complex and difficult questions involved which will require very careful consideration.
I would hope to be in a position to introduce a Bill in the coming session.
Will the Minister be introducing a Bill before the Summer Recess?
I hope to be in a position to introduce a Bill in the Michaelmas term.
We cannot expect any legislation this session?
It is extremely doubtful having regard to the time available and the implications of some of the matters that are being examined.
With whom is the Minister in consultation in preparing the legislation?
Consultation refers mainly to other interested Government Departments. For example, there was a recommendation in the report that maintenance allowances would become payable by the local authority or the Department of Social Welfare. This raises matters of far-reaching implications and these Departments will have to be consulted fairly fully in relation to this. There is the recommendation that a full-time solicitor should be appointed to act in maintenance cases. I have just now set up a working party to advise on legal aid and their recommendations will be pertinent to this. They may accept this recommendation or they may be offering variations on it.
In addition, there will have to be consultation within my own Department on quite a novel legal proposition. For example, the proposal that the registration of a maintenance order could be registered as a lispendens. This would, in effect, be giving to the District Court power which up to now has only been available to the High Court. Again, there is the question of excluding a spouse from the family home. It is not clear if this relates to a spouse who has left the family home or a spouse who is in the family home and is an unworthy spouse. If it were the latter case it would be tantamount to giving to the District Court power to make a separation order.
The Deputy will appreciate that there are matters of considerable legal implication in this which would require careful examination because I would be anxious that the legislation would be effective when it would be finally passed.
I take it from the Minister's reply that he basically agrees with the recommendations of the report in toto, more or less?
I agree with the spirit of the recommendations and I accept them. It is a question of devising suitable legislative structure to implement them.
On the basis that the Minister agrees with the principle of the recommendations I take it that he will enshrine them in that legislation?
Yes, so far as it is legally possible and provided that in doing so we do not create a more difficult legal situation.