Committee Reports > List of Committees > Dáil > 1975 > Special Committee on Family Law (Maintenace of Spouses and Children) Bill, 1975 > Report - Family Law (Maintenance of Spouses and Children) Bill, 1975

IMEACHTAÍ AN CHOISTE SPEISIALTA.

PROCEEDINGS OF THE SPECIAL COMMITTEE.

Dé Máirt, 25 Samhain, 1975.

Tuesday, 25th November, 1975.

1. The Committee met at 4.15 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, Daly, Barry Desmond, Eileen Desmond, Haughey, Hogan-O’Higgins, Fergus O’Brien and Pattison.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 3.

Question again proposed:—

“That the section stand part of the Bill”.

Question put, and agreed to.

(ii) Section 4

Amendment proposed (Deputy Andrews):

“In page 5, subsection (1), line 31, after ‘spouse’ to insert

‘(a) a lump sum payment for the support of the applicant spouse and of each of the dependent children of the family of such amount as the Court may consider proper, or (b)’; and in line 53 after ‘person’ to insert ‘(a) a lump sum payment for the support of each of those dependent children, of such amount as the Court may consider proper, or (b)’.”

Amendment, by leave, withdrawn.

Section agreed to.

(iii) Sections 5 and 6 agreed to.

(iv) Section 7.

Amendment proposed (Deputy Andrews):

“In page 8, after line 3, to insert a new subsection as follows:

‘(2) The Court may, on the application of either party, discharge an order under paragraph (b) of subsection (1) of this section, and nullify any agreement under paragraph (a), if it thinks it proper to do so having regard to all the circumstances of the case’.”

Question put: the Committee divided: For, 5; Against, 7.

For:—Deputies Andrews, Brosnan, Gerard Collins, Daly and Haughey.

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

The Question was declared negatived accordingly.

Section agreed to.

(v) Section 8.

Amendment proposed (Deputy Gerard Collins):

“In page 8, subsection (1), line 4, to delete ‘Court’ and substitute ‘the High Court, the Circuit Court or the District Court’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Haughey):

“In subsection (1), page 8, line 5, after ‘Act’ to insert ‘or any Order for the maintenance and education of a child under the Illegitimate Children (Affiliation Orders) Act, 1930’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Justice):

“In page 8, after line 36, to add the following subsections:

‘( ) Nothing in subsection (1) or (2) of this section shall affect paragraph (a) or (b) of section 14 (8) of the Maintenance Orders Act, 1974.

( ) Section 14 (8) of the Maintenance Orders Act, 1974, is hereby amended by the insertion in paragraph (b) after “application under” of “section 9 of the Family Law (Maintenance of Spouses and Children) Act, 1975, or” and by the substitution of “the said section 8” for “that section” and the said paragraph (b), as so amended, is set out in the Table to this section.

TABLE

Amendment agreed to.

Section, as amended, agreed to.

(vi) Section 9.

Amendment proposed (Minister for Justice):

“In page 9, subsection (1) (a) (iii) (II), line 5, to delete ‘by order of any Court.’ ”

Amendment agreed to.

Amendment proposed (Minister for Justice):

“In page 9, subsection (2), to delete lines 23 to 26 and to substitute the following:

‘times as the Court may order—

Amendment agreed to.

Section, as amended, agreed to.

(vii) Sections 10 to 12 inclusive, agreed to.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 6.30 p.m. until 4.30 p.m. on Tuesday, 2nd December, 1975.