Willie Penrose (Longford-Westmeath, Labour)
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Question 135: To ask the Minister for Justice and Law Reform if, in the context of the Enforcement of Court Orders Act, changes are being made to ensure that maintenance orders made pursuant to the Family Law Act can continue to be enforced, whereby warrants or committal orders are not being issued at this point in time; if clarification needs to be sought regarding the system as it relates to maintenance payments; and if he will make a statement on the matter. [16279/10]

Dermot Ahern (Louth, Fianna Fail)
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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 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 relating to the Enforcement of Court Orders Act 1940. The Enforcement of Court Orders (Amendment) Act 2009 made changes to sections 6 (imprisonment in the case of non-payment of debt) and 8 (imprisonment relating to non-payment of maintenance) of the 1940 Act 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 further amendments in respect of maintenance enforcement.