Written answers

Thursday, 8 December 2011

Department of Justice, Equality and Defence

Proposed Legislation

9:00 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 72: To ask the Minister for Justice and Equality his views on a matter (details supplied) regarding the Land and Conveyancing Law Reform Bill 2009; and if he will make a statement on the matter. [39226/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The position is that my Department is in consultations with the Office of the Attorney General regarding the implications of the High Court judgment concerned. The action to be taken is dependent on the outcome of those discussions.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 73: To ask the Minister for Justice and Equality his future plans, if any, to introduce or amend legislation to ensure that maintenance orders are enforced to provide security to persons who would otherwise find themselves in circumstances of serious financial difficulty; and if he will make a statement on the matter. [39261/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The law contains a number of provisions to ensure that payments are made by spouses in support of their dependent spouses and children. These 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.

In addition, as the Deputy may be aware, I recently introduced amending legislation in Section 31 of the Civil Law (Miscellaneous Provisions) Act 2011 which provided for the amendment of the Family Law (Maintenance of Spouses and Children) Act 1976. The amendment, which came into effect on 2 August, 2011, provides for the insertion of two new sections into the 1976 Act which set out procedures to be followed in the District court regarding arrears of maintenance payments and confers power on the District court to regard as contempt of court a failure by a maintenance debtor to comply with a previous court order and to deal with such a breach accordingly, including by means of imprisonment. While I have no proposals for further reform at present, the matter will continue to be kept under review in my Department.

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