Committee Reports::Report - Family Law (Maintenance of Spouses and Children) Bill, 1975 ::02 December, 1975::Proceedings of the Joint Committee

IMEACHTAÍ AN CHOISTE SPEISIALTA.

PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé Máirt, 2 Nollaig, 1975.

Tuesday, 2nd December, 1975.

1. The Committee met at 4.30 p.m.


2. Members Present.


The following members were present:—


Deputy Esmonde (in the Chair), the Minister for Justice, Deputies Andrews, Brosnan, Joan Burke, Gerard Collins, Barry Desmond, Eileen Desmond, Geoghegan-Quinn, Haughey, HoganO’Higgins, Fergus O’Brien, Pattison and Power.


3. Consideration of Bill.


The Committee resumed consideration of the Bill.


(i) Sections 13 and 14 agreed to.


(ii) Section 15.


Amendment proposed (Minister for Justice):


“In page 12, subsection (1), line 3, after ‘1941,’ to insert ‘a harbour authority within the meaning of the Harbours Act, 1946,’.”


Amendment agreed to.


Amendment proposed (Minister for Justice):


“In page 12, subsection (1) (b), line 16, to delete ‘a local’ and to substitute ‘an’.”


Amendment agreed to.


Section, as amended, agreed to.


(iii) Sections 16 to 23 inclusive, agreed to.


(iv) New section.


Amendment proposed (Deputy Gerard Collins):


“In page 15, before section 24, to insert a new section as follows:


‘The Court shall provide that the sums specified in any order made under the provisions of this Act, shall be appropriately increased each year, in accordance with the increase, if any, in the Consumer Price Index.’.”


Question put: the Committee divided: For, 6; Against, 8.


For:—Deputies Andrews, Brosnan, Gerard Collins, Geoghegan-Quinn, Haughey and Power.


Against:—Minister for Justice, Deputies Joan Burke, Barry Desmond, Eileen Desmond, Esmonde, HoganO’Higgins, Fergus O’Brien and Pattison.


The Question was declared negatived accordingly.


(v) Section 24.


Amendment proposed (Deputy Andrews):


“In page 15, after line 48, to insert a new subsection as follows:


‘(3) The relatives of either of the parties to the proceedings may, except when evidence is being tendered by them, be excluded by the Court from the hearing of any proceedings under subsection (1) or (2) of this section’.”


Amendment, by leave, withdrawn.


Section agreed to.


(vi) Section 25 agreed to.


(vii) Section 26.


Amendment proposed (Deputy Haughey):


“In page 16, line 9, to delete ‘two years’ and substitute ‘three years or such longer period as the Minister may, by order, determine.”’


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Andrews):


“In page 16, lines 43 and 44 to delete paragraph (g) and substitute the following:


‘(g) by the making of an Order under the said Act for the payment by the alleged father of a weekly sum of money commensurate with his weekly income,”’.


Amendment, by leave, withdrawn.


Amendment proposed (Deputy Haughey):


“To add to the section a new subsection as follows:—


‘(2) The Minister may, by order, vary the amounts specified in paragraphs (b), (f) and (g) of the foregoing subsection.”’


Amendment, by leave, withdrawn.


Section agreed to.


(viii) Section 27 agreed to.


(ix) Section 28.


Amendment proposed (Minister for Justice):


“In page 17, subsection (1), line 16, after ‘1886,’ to insert ‘section 13 of the Illegitimate Children (Affiliation Orders) Act, 1930,”’.


Amendment agreed to.


Amendment proposed (Minister for Justice):


“In page 17, subsection (2) (a), line 29, after ‘order’ to insert ‘or an attachment of earnings order, as the case may be”’.


Amendment agreed to.


Section, as amended, agreed to.


(x) Title agreed to.


4. Report of Committee.


The Chairman brought forward a Draft Report which was read as follows:—


“The Special Committee has considered the Bill and has made amendments thereunto. The Bill, as amended, is reported to the Dáil.”


Draft Report agreed to.


Ordered: To report accordingly.


5. Conclusion of Business.


The Committee concluded its business at 7.15 p.m.