Brendan Smith (Cavan-Monaghan, Fianna Fail)
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306. To ask the Tánaiste and Minister for Justice and Equality if he will provide detailed consideration to the issues raised by an organisation (details supplied); and if he will make a statement on the matter. [49299/18]

Charles Flanagan (Laois, Fine Gael)
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As Minister for Justice and Equality, I have no role in the making of court orders in relation to maintenance. This is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.

Under Irish law, issues arising from disagreements about the provision of maintenance for dependent children, or failure by persons with maintenance responsibilities for children to provide proper maintenance, are determined by the courts. Relevant legislation in this area includes section 11 of the Guardianship of Infants Act 1964, the Family Law (Maintenance of Spouses and Children) Act 1976, section 8 of the Family Law Act 1995, section 13 of the Family Law (Divorce) Act 1996 and section 45 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The Children and Family Relationships Act 2015 provides for a number of improvements in the law relating to maintenance of children.

It is open to parents who have separated/divorced to decide between themselves on maintenance arrangements for their children. If they cannot agree, they can try to work out a maintenance agreement through mediation. However, if parents still cannot agree on maintenance arrangements, an application must be made to the courts for a maintenance order. If a parent/spouse/civil partner fails to comply with a court order or falls behind with payments where there is a maintenance order in place, an attachment of earnings order can be sought from the court, if the person is in employment or on a private pension. This order results in the maintenance amount being deducted at source by the employer of the parent/spouse/civil partner. A person can apply for an Attachment of Earnings Order when first applying for a maintenance order through the court, if they are concerned that maintenance will not be paid, or they can apply later if the maintenance is not paid. An enforcement summons can be applied for if the parent/spouse/civil partner is self-employed.

Under section 9A of the Family Law (Maintenance of Spouses and Children) Act 1976, the District Court has the power to regard a failure by a parent/spouse/civil partner to comply with a court order as contempt of court and to deal with it accordingly, including by means of imprisonment. The maintenance creditor may apply to the District Court Clerk for a summons directing the maintenance debtor to appear before the District Court. The court will then hear evidence from the maintenance creditor and maintenance debtor including evidence about the financial circumstances of the maintenance debtor and, where relevant, the maintenance creditor.

The other issues raised in the correspondence are not within my remit as Minister for Justice and Equality. I have asked my officials to consult with officials reporting to my colleagues the Minister for Housing, Planning and Local Government and the Minister for Employment Affairs and Social Protection in that regard and will comprehensively respond directly to the Deputy in due course.