Written answers
Tuesday, 22 March 2005
Department of Justice, Equality and Law Reform
Proposed Legislation
8:00 pm
Jim O'Keeffe (Cork South West, Fine Gael)
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Question 470: To ask the Minister for Justice, Equality and Law Reform if he has plans to amend Irish matrimonial laws, in particular our divorce laws in view of European Council regulations; and if he will make a statement on the matter. [8811/05]
Jim O'Keeffe (Cork South West, Fine Gael)
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Question 471: To ask the Minister for Justice, Equality and Law Reform the steps he has taken to monitor the effects of recent European Council regulations on Irish matrimonial laws; and if he will make a statement on the matter. [8812/05]
Jim O'Keeffe (Cork South West, Fine Gael)
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Question 472: To ask the Minister for Justice, Equality and Law Reform if the integrity of our matrimonial laws are being compromised through recent measures at EU level; and if he will make a statement on the matter. [8813/05]
Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 470 to 472, inclusive, together.
Council Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Council Regulation (EC) No. 1347/2000, which applies as from 1 March 2005, contains no new provisions which impact on Irish matrimonial law. The regulation merely re-states the provisions on matrimonial matters which were contained in Council Regulation No. 1347/2000, which has applied in the State since 1 March 2001. The new regulation contains new provisions on parental responsibility and the approach of re-stating the matrimonial provisions in Council Regulation (EC) No. 1347/2000 was taken so that the provisions on matrimonial matters and on parental responsibility would be in the same instrument.
I made SI 112 of 2005 on 28 February 2005 under the European Communities Act 1972, which sets out the effect on domestic legislation of Council Regulation (EC) No. 2201/2003 and makes the necessary provision for the good administration of the regulation. As regards matrimonial matters, that statutory instrument re-states provisions in SI 472 of 2001 and revokes the latter statutory instrument. The operation of the re-stated provisions of the regulation, together with new provisions on parental responsibility, will be kept under review in my Department.
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