Mary Henry (Independent)

I move amendment No. 1:

In page 3, line 17, after "spouse," to insert "unless they be separated for more than five years,".

I will not delay the House as I already raised my concerns about this on Committee Stage. It is quite common here that people who parted after a very short time of marriage did not get a divorce because there was no divorce in this country. We must also take into account that some people do not want to get divorced for religious reasons. This has not been taken into account in this legislation as far as I can see. I suggest that one of the partners could be very unfairly treated in later life. He or she could be expected to pay up for minding someone whom they had, perhaps, not seen for 20 or 30 years. I doubt that those who framed the legislation intended this, but it could happen as a result of the way this legislation is framed. My best suggestion is to insert this amendment to say "unless they be separated for more than five years". This would prevent people from trying once again to get largesse from the State.

There seems to be an idea here that people are always planning ahead to get money from the State to which they are not entitled. If it is not lone parents, it must be old people who are going into nursing homes. It is rather shabby to think these groups are the sort of people who are trying to defraud the State. We can be quite sure they are some of the poorest in the State and those most in need of help. I foresee this causing trouble down the line. I do not know how many people it will affect but it is unfair. I doubt that whoever framed the legislation intended anything like this to happen.

The reason we are in the Oireachtas is to examine legislation. This amendment can hardly be described as anti-Government. We are trying to ensure that some people who may not be very well off will not be put in the position of trying to maintain someone with whom they have had little to do for a long time.