Deirdre Clune (Cork South Central, Fine Gael)
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Question 183: To ask the Minister for Justice, Equality and Law Reform if he will clarify if the Enforcement of Court Orders Amendment Act 2009 applies to persons who have been brought before the courts for refusing to pay agreed maintenance payments; the way the Act applies in these cases; and if he will make a statement on the matter. [29166/10]

Dermot Ahern (Louth, Fianna Fail)
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As I have previously informed the Deputy, a High Court judgment last year 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 to both sections consequent on that judgment in accordance with legal advice. Section 8 of the 1940 Act, as amended by the 2009 Act, sets out the current procedures for the enforcement of maintenance orders. While the law generally operates successfully in this area my attention has been drawn to the fact that difficulties have arisen in some cases. Consequently, I am currently in consultation with the Attorney General with a view to developing early proposals for amendments in respect of maintenance enforcement which may be included in the forthcoming Civil Law (Miscellaneous Provisions) Bill.