Willie O'Dea (Limerick City, Fianna Fail)
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Question 178: To ask the Minister for Justice and Equality if his attention has been drawn to the fact that as a result of the provisions of the Civil Law (Miscellaneous Provisions) Act 2011, the Circuit Court no longer has any direct power to enforce maintenance orders; if his further attention has been drawn to the fact that a backlog of cases has arisen in which persons who are entitled to maintenance as a result of a separation agreement endorsed by the Circuit Court are no longer in a position to have the maintenance enforced; and if he will make a statement on the matter. [8972/12]

Alan Shatter (Dublin South, Fine Gael)
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Two sections of the Civil Law (Miscellaneous Provisions) Act 2011 relate to the enforcement of maintenance orders. Firstly, Section 31 inserted two new sections into the Family Law (Maintenance of Spouses and Children) Act 1976 setting out procedures to be followed in the District Court regarding arrears of maintenance payments. The section confers power on the District Court to treat 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. The new Section 9A of the 1976 Act only applies to maintenance orders made by the District Court.

Secondly, section 63 of the Civil Law (Miscellaneous Provisions) Act 2011 amends section 8 of the Enforcement of Court Orders Act 1940. This provided that where arrears of maintenance are due, a maintenance creditor may make application to the District Court to summon the maintenance debtor and the District Judge may make such order as to the payment, collection or recovery of all amounts outstanding as the judge seems fair and reasonable. Such an application may be made where the maintenance order was made by the Circuit Court. The amendment contained in the 2011 Act addressed within four months of my appointment a difficulty with the enforcement of District Court maintenance orders that the previous Government had failed to adequately address for almost two years.

The Circuit Court's power to enforce its own orders, including maintenance orders, has not changed. This power is provided for in Section 23(1) and 23(2)(c) of the Family Law (Maintenance of Spouses and Children) Act 1976, as amended by section 12 of the Courts Act 1981.

I have made inquiries with the Courts Service with regard to the Deputy's reference to a backlog of cases arising from the enactment of the 2011 Act. I am informed that the Courts Service is not aware of any backlog or issue having arisen with this legislation. As the Deputy will be aware, the management and administration of the courts, is a matter for the Courts Service. However, if the Deputy wishes to furnish details of any such backlog I will have the matter further examined.