Deirdre Clune (Cork South Central, Fine Gael)
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Question 384: To ask the Minister for Justice, Equality and Law Reform the steps that were taken after the High Court decision in 2009 on the legislation on the enforcement of maintenance orders; the reason these ongoing problems have not been addressed; and if he will make a statement on the matter. [28307/10]

Deirdre Clune (Cork South Central, Fine Gael)
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Question 385: To ask the Minister for Justice, Equality and Law Reform the recourse a person and their family have whose former spouse is refusing to pay court approved maintenance; the steps that can be taken by the courts to enforce this maintenance; and if he will make a statement on the matter. [28308/10]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 384 and 385 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.