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! DAIL QUESTIONS
.
25 October 1973
MALICIOUS DAMAGES CLAIMS
Mr. Timmons
asked the Minister for Justice if he
proposes to introduce legislation to make malicious
damages' claims a national charge.
Mr. T. J. Fitzpatrick
(Cavan) : A review of the
whole law relating to malicious damage to property is
currently in progress and I shall make an announce-
ment on the matter as soon as possible.
RENTS OF FLATS
Mr.
Kyne asked the Minister for Justice whether he
will set up a rents tribunal with powers to decide fair
rents for tenants of furnished and unfurnished flats.
Mr. T. J. Fitzpatrick
(Cavan) : This question raises
complex social and economic issues which would have
to be considered very carefully. At this stage I have no
legislative proposals in the matter; but am arranging
to have the matter examined in depth.
IRISH CITIZENSHIP
Dr. O'Connell
asked the Minister for Justice if he
will introduce legislation to provide that a foreigner
who marries an Irish citizen will automatically become
an Irish citizen; and if he will, pending the passage of
such legislation, permit any person whose spouse is
Irish to reside in this country.
Mr. T. J. Fitzpatrick
(Cavan) :
I
have no such legis-
lation in mind.
The law allows a woman who is married to a man
who is an Irish citizen otherwise than by naturalisation
to acquire Irish citizenship simply by registration.
For the rest, every decision to refuse an alien entry
to the State or to ask him to leave it is taken on the
merits of each case. The fact of marriage to an Irish
citizen would be a factor in arriving at a decision.
Dr. O
'Connell:
The question relates to an Irish girl
who married a Malaysian but he is not permitted to
enter this country as her husband. Can the law be
changed so that he can enter the country with his wife.
The Aliens Office say that this man cannot enter the
country although he has no criminal record, has fluent
English and a perfect education. They say he must
have a licence or a permit to work in this country
before he will be admitted. Can anything be done to
ensure that this woman sees her own husband in her
own country? In Britain, as the Minister will agree,
when an English person marries a foreigner the foreigner
automatically becomes a British subject by naturalisa-
tion. The same thing applies in the United States and
in most EEC countries, but seemingly we are unique in
Ireland in preventing this.
Mr.
T.
J. Fitzpatrick
(Cavan) : As I have stated,
for a woman marrying an Irishman there is no problem.
7
November
1973
WIFE DESERTION
Mr. Andrews
asked the Minister for Justice when
it is intended to attach husbands' salaries when it is
found that the wife and children are not being ade-
quately maintained by the husband.
Mr. Andrews
asked the Minister for Justice when it
is intended to amend the Married Women (Mainten-
ance in Case of Desertion) Act, 1886; and if he will
make a statement on the need for reform in this area.
Mr. Andrews
asked the Minister for Justice when it
is intended to protect a wife's rights to the matri-
monial home in the event of desertion; and the action
he contemplates in this matter.
MinLter for Justice (Mr. Cooney):
With your per-
mission, a Cheann Comhairle, I propose to take Ques-
tions Nos. 30, 31 and 32 together.
As I stated in the House on 17th July last, in reply
to a question—Volume 267, column 972—I have, in
consultation with the Attorney General, embarked on a
programme of family law reform. Further to that,
I
have extended the terms of reference of the Committee
on Court Practice and Procedure, which previously were
restricted to matters of procedure, so as to enable the
committee to make recommendations on matters of
substantive law and
I
have asked the committee to
examine certain aspects of family law including the
law as to the desertion of wives and children.
This examination will cover the various matters men-
tioned in the questions, and others as well, though
I should perhaps say, for the record, that the 1886 Act
has already been amended more than once and was
indeed substantially amended as recently as 1971, by
the Courts Act of that year.
Family law is difficult and complicated and its
various aspects require thorough and detailed examin-
ation. I cannot say, therefore, at this stage, when re-
commendations may be expected from the committee
in regard to any of the matters referred to in the
questions but
I
am quite certain, from my knowledge
of the committee's work, that there will be no avoidable
delay.
Mr. Andrews:
Would the Minister impress upon the
Committee on Court Practice and Procedure the ur-
gency particularly in the matter of deserted wives and
the possibility of attaching the husbands' salaries, and
other related matters?
Mr. Cooney: I
am satisfied that there is no need to
impress the urgency of these matters on the committee.
Their record for work and speed in reporting are pos-
sibly unique in committees.
Mr. Andrews:
I do not wish in any way to reflect
criticism on the committee, a committee of which I
have considerable knowledge.
I
would ask the Minister
to urge the committee to issue an interim report in this
matter, if at all possible.
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