Court Orders

Dáil Éireann Debate, Wednesday - 30 June 2010

Wednesday, 30 June 2010

Ceisteanna (38, 39)

Deirdre Clune

Ceist:

58 Deputy Deirdre Clune asked the Minister for Justice and Law Reform the reason the provisions for the enforcement of the non-payment of maintenance provided for under current legislation are not operating sufficiently; if his attention has been drawn to the impact this is having on families when court awarded maintenance is not being paid because of the current lack of enforcement options available to the courts; the steps he will take to address this problem; and if he will make a statement on the matter. [28225/10]

Deirdre Clune

Ceist:

89 Deputy Deirdre Clune asked the Minister for Justice and Law Reform the way the lack of provisions for the enforcement of the non-payment of maintenance are impacting on the court system; the reason the current legislation is not operating sufficiently; if his attention has been drawn to the impact that this is having on families when court awarded maintenance is not being paid because of the current lack of enforcement options available to the courts; the steps he will take to address this problem; and if he will make a statement on the matter. [28226/10]

Freagraí scríofa

Minister for Justice and Law Reform (Deputy Dermot Ahern)

I propose to take Questions Nos. 58 and 89 together.

There are a number of 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 successfully in this area I am aware that difficulties have arisen 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. The Enforcement of Court Orders (Amendment) Act 2009 made changes in the law consequent on that judgment in accordance with legal advice.

I am currently in consultation with the Attorney General with a view to developing early proposals for amendments in respect of maintenance enforcement which I hope to include in the forthcoming Civil Law (Miscellaneous Provisions) Bill.