Dáil Éireann Debate, Thursday - 4 March 2010
76 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the position regarding legislation in respect of maintenance enforcement; the reason section 8 of the Enforcement of Courts Act 1940 was not amended by the Enforcement of Courts Act 2009; and if he will make a statement on the matter. [10955/10]
Amharc ar fhreagraThere are several provisions in the law for ensuring that payments continue to be made by spouses in support of their dependent spouses and children. They include enabling powers for the courts to order attachment of the earnings of a debtor spouse, to order the securing of payments to the maintenance creditor, to order the payment of lump sums and to order arrears of maintenance to be paid by instalments.
While the law generally operates effectively in this area I am aware of difficulties in some cases because of the effect of a judgment of the High Court last year. The High Court judgment in that particular case had implications for sections 6 (imprisonment in the case of non-payment of debt) and 8 (imprisonment relating to non-payment of maintenance) of the Enforcement of Court Orders Act 1940. Contrary to the Deputy's assertion, the Enforcement of Court Orders (Amendment) Act 2009 made changes to both provisions consequent on that judgment in accordance with legal advice.
I am in consultation with the Attorney General with a view to developing early proposals for further amendments in respect of maintenance enforcement.
