The Gazette 1973

! 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. 252