I am delighted to have an opportunity to speak on this Bill on International Women's Day, as this legislation is another milestone in attaining rights and equality for women. It has taken a long time to tackle the question of family law reform. It is 150 years since the last major Act dealing with marriage was introduced in 1844. We are notoriously slow in keeping pace with changes in family life, particularly with regard to marriage and child care.
This is the first Government in the history of the State which has taken the question of law reform and equality seriously. It was a master stroke to separate criminal law from civil law between the Department of Justice and the Department of Equality and Law Reform. In years to come the decision to appoint a Minister for Equality and Law Reform will be considered one of the most significant decisions taken by the Government.
During the three years I was a Member of the Seanad while a plethora of criminal justice Bills were presented not one measure under the heading of civil law reform was introduced. This underlines the need for a Minister for Equality and Law Reform. I welcome the Minister, Deputy Taylor, the first Minister to hold that portfolio.
I also welcome the package of legislative proposals contained in the Programme for Government under the heading of law reform covering such matters as women's rights and family law. It is appropriate on International Women's Day to highlight the steps taken to date by the Government: on the question of gender balance, 40 per cent of the members of State boards must be women; legislation has been passed protecting the family home and we are now discussing the Family Law Bill, substantial legislation, which marks a further step towards the proposed divorce referendum due to be held in the autumn. This matter was raised on the Order of Business today. There is a crying need to introduce a Bill to allow this constitutional referendum and make the required changes.
Foreign divorces are recognised but people do not have the right to remarry. There is no point denying that marriages break up. The purpose of the 1989 judicial separation Act was to put a mechanism in place under which the affairs of spouses whose marriages have broken up could be put in order. That Act contains provisions dealing with children, property and financial matters. We must also consider the question of what happens to the partnership; we must not confine spouses for an eternity to a relationship which everyone knows no longer exists. This is a mature society which should be reflected in the Constitution and our laws. We must recognise that if two mature adults have the right to enter into a binding legal contract they also have the right to dissolve that contract and start all over again.
We cannot avoid this issue because if we do this will remain a stunted society which will be damaging for those compelled to remain within marriages which have broken down, particularly for the children. It would also damage what we hold sacred in the Constitution, the institution of marriage.
The Minister referred to the support services he has put in place to protect the institution of marriage. It is my contention that divorce, instead of damaging it, protects the institution of marriage just as this legislation is intended to protect the family. Raising the age of marriage from 16 to 18 ensures that youngsters are more mature when they marry and that there is, therefore, a greater likelihood of their partnership enduring. Making it a requirement to give three month's notice of intention to marry allows people a period of time to reflect on the substance and scale of what they are entering into. That also is of benefit in ensuring that people enter in the fullness of knowledge into one of the most important relationships in their lives.
The Minister has provided for a 150 per cent increase in counselling services, a 142 per cent increase in mediation services and a 56 per cent increase in legal aid with the allocation of the Legal Aid Board increased to £5 million. These are substantial financial increases to support the institution of marriage. It is when a marriage has broken down irretrievably that we must resort to the courts, but there must be as much intervention as possible to prevent marriages reaching that stage. An adequately-resourced and adequately-staffed family mediation service is, therefore, an essential plank in helping to maintain stable relationships within marriage.
There are now 14 new family law centres, almost a doubling of the existing 16. That means every county in Ireland will have access to family law court facilities through the Legal Aid Board. As well as almost doubling the number of family law centres, a further 24 solicitors will be made available, also an enormous increase. In addition, 34 additional staff, typists etc. will service the centres. Already the queues have been reduced enormously and, no doubt, in the not too distant future the service will be a fast and efficient one. All of this is geared to supporting the existing institutions, putting emphasis on reconciliation and the mediation services and, in the last analysis, going to court. That is the background against which we are discussing this legislation, where the Government is committed to a major overhaul of family law, and is prepared to put its money where its mouth is by providing the necessary resources. We could talk forever about reform but if we do not provide the funding it is just waffle.
In this legislation we are bringing our procedures into line with those of our European counterparts. The courts can, for the first time, make orders following decrees of nullity, foreign decrees of divorce and nullity, and legal separation. It is important that we recognise what is happening in other countries and regulate relationships that have been established and terminated abroad. We are extending Circuit Court jurisdiction which will enable a greater number of cases to be dealt with. The Circuit Court will have jurisdiction specifically over nullity proceedings. We are extending the power of the court to make declarations about the status of a person's marriage. We are raising the minimum age of marriage to 18 and providing that three month's notice of marriage be given, and the law relating to maintenance is being strengthened.
There has not been a major overhaul of family law for 150 years. We have been picking at this issue for up to 20 years. The report on the law of nullity in Ireland was produced by the Attorney General as far back as 1976. We have had a variety of reports both domestically and internationally since then. There was the Law Reform Commission report of 1983 on the age of majority and of marriage and we are only dealing with that now, 11 years on. We are only now dealing, too, with the question of proceedings for nullity though it is almost ten years since we had the report on recognition of foreign nullity decrees. We have also had The Hague Convention on recognition of validity of marriages, the report of the Oireachtas Joint Committee on Marriage Breakdown, the report of the Combat Poverty Agency on the financial consequences of marriage breakdown and, more recently, the initiative taken by the previous Taoiseach, Mr. Charles Haughey in 1991 when he made an announcement to the Fianna Fáil Ard Fheis that he would introduce a White Paper on marriage breakdown. The then Minister for Justice, Mr. Flynn, produced that White Paper in 1992. That plethora of reports and recommendations has finally been drawn together in this legislative package. It is good to see the matter being dealt with rather than merely reports being produced and left to gather dust. That is why I am particularly glad to be able to compliment the Minister today.
This legislation was initially proposed in the Programme for a Partnership Government. It is a step on the way to a divorce referendum and provides safeguards for those who are married and for those whose marriages are breaking up. Up to now decrees of nullity were available only through the High Court, but under the provisions of this legislation they will be available through the Circuit Court which is more accessible to ordinary citizens. Also, up to now the courts did not have power to make financial or property arrangements or support regulations in the case of annulment. An annulment means that the marriage did not exist in the first place, but the considerations — children, property, etc — for a couple in such a union are likely to be the same as for a couple in a valid marriage. By taking the view that because a marriage was null and void no such problems would arise, we were turning a blind eye to the real issue. Under this legislation the question of nullity will be dealt with in a similar manner to that of judicial separation. We are providing for barring, protection, custody and maintenance orders and for the protection of the family home and contents.
The proposals in this legislation in respect of attachment of earnings by the courts when a spouse has been in default in the matter of contributions are infinitely superior to the measures which apply at present. Statistics indicate that approximately double the level of payments is achieved once an attachment of earnings order is provided for.
This is significant legislation but I do not have time to deal with all the sections. I welcome the Minister's decision to increase the age of marriage from 16 to 18 years. Couples are biologically capable of procreation at the age of 16, but boys and girls of that age are still in their youth. They are in their mid-teens, in most cases have completed their junior certificate and are not fully grown mature adults. They are in the process of exploring life and not in a position to make long term lifelong decisions. Eighteen is the age of majority and the age at which people are entitled to vote and I compliment the Minister for increasing the legal age of marriage to 18.
I commend the Bill to the House and congratulate the Minister for introducing it.