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the other by-product of this situation was that very few
legal practitioners specialised in this type of case and
that there was a consequent lack of expertise and lack
of knowledge of the possibilities of the law.
A young man from Northern Ireland stood up and
gave four reasons for the present situation : 1, Lack
of Women in Politics. 2, Rigidity of Religious Autho-
rity. 3, Social priorities of Male rights and privileges.
4, Uninspired and unwilling breaucracy. He delivered
a mighty attack on the Department of Justice under
this heading, calling it the Department of Injustice. A
clergyman said we badly needed open and honest sex
education and that the great curse of this country was
hypocrisy (more applause). He said that he had worked
in Manchester for ten years and that the social service
worker ; there snent much of their time trying to solve
the social problems which had been exported from
Ireland, particularly girls who arrived there pregnant.
The Catholic Church came in for an amount of
criticism and the Catholic theologian wno spoke got a
pretty rough reception. In the course of discussion a
pathetic example was quoted of a woman who was
afraid to go to confession for three years because her
love making with her husband was not conducted in
the orthodox position. It was suggested that the State
should legislate for people as citizens, and not as Catho-
lics or Protestants. It was pointed out that Church was
now more lenient on the issue of annulments.
Statistics of Catholic Annulments
Rev. Professor Seamus Ryan gave the interesting
piece of information that 45% of annulments granted
in the Westminster diocese during 1972 were granted
on the score of "due discretion" as opposed to tradi-
tional grounds of non-consumation, etc. The Dublin
diocese, he said, tended to follow the example of West-
minster and there had been some annulments granted
here on these grounds also. The interesting figure of
200 annulments considered out of 346 applications in
the Dublin diocese last year emerged from the dis-
cussion. He admitted that things were different outside
Dublin.
Forty-six applications had come to Dublin from the
Cork area and had to be returned. In the experience
of AIM, the problem of broken or difficult marriage is,
if anything, greater outside Dublin. The majority
of
their letters come from outside Dublin and the biggest
problem area is Cork county and city. Incidentally,
when they tried to set up a branch of A IM in Cork
only 25 people turned up. A IM feel that the need to
remain anonymous and not to let the neighbours know
of their problems is a big issue in the countryside.
An interesting example of the inferiority of a wiff
before the law was quoted by James O'Reilly. Bot»
1
husband and wife have mutual right of consortium
111
each other, which includes the right to sexual inter-
course. But there are three instances where a husban
can get damages against a third party for i n t e r f e r e^
with his right of consortium, and a wife cannot clai®
1.
They are :
(a) an action for criminal conversation (damag^
against a third party for an act of adultery commit
te
°
with his wife).
(b) damages for total loss of his wife's consorting
(e.g., where a wife spends a lengthy period in hospi
13
after a car crash caused by a third party).
(c) damages for loss of services (a husband is
titled to be compensated for the lack of
h o u s e h o l
services his wife performs).
The reason only a husband can claim here
(and
1
quote Mr. O'Reilly) is :
Recommendations
"He is given superiority in law. He is recognised &
having a quasi-proprietary interest in his wife an
accordingly if someone has "damaged" his property, h
e
is entitled to be financially compensated. He can al
s
claim damages against a third party for loss of hj*
wife's services, because technically, his wife is h
1
'
servant."
j
Many people pointed out the necessity for eq®
3
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status before the law for wives, even if only in
interest of their own dignity and self esteem.
^
A number of summing up recommendations emerg
e
from the end of the conference. They were (1) A systenj
of attachment of earnings for the enforcement
maintenance orders. (2) The introduction of a system
family tribunals—marriage cases should be kept out
0
criminal law—these should have power to make sepa
1
"
3
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tion, non-molestation, custody, maintenance and oth®|
financial orders (3) The introduction of a system
0
free legal aid and advice. (4) Immediate support f°
r
deserted wives and an increase in the level of all
oV/
'
ances.
There were no proposals for the complete
dissolution
of marriage with a right to remarry. Nobody though
1
this was feasible, though some like Mrs.
Catherine
McGuinness, pointed out that we should realise th
3
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the fact that no legal dissolution existed did not me®
11
that marriages did not break up irretrievably and
William Duncan, a lecturer in Law at Trinity spoke
0
the brutality of forcing people "to live together
1,1
loathsome circumstances."
Local Authorities' Sol icitors' Association
Officers for 1974
Chairman : William Dundon, Law Agent, Dublin
Corporation.
Hon. Secretary and Treasurer : Dermot Loftus, Soli-
citor, Dublin Corporation.
Committee : Messrs Michael J. Leech, Law Agent, D
ul1
Laoghaire Corporation; Timothy Murphy, Counti
Solicitor, Kerry County Council; Donal M. K i ^ '
City Solicitor, Cork Corporation; Francis Keafl
e
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County Solicitor, Dublin County Council; Hen
1
^
Murray, Law Agent, Dublin Port & Docks Board.
138