asked the Minister for Justice if he will initiate legislation to amend the Family Law (Maintenance of Spouses and Children) Act, 1976 (i) to enable women who seek refuge in the battered wives' home in Harcourt Street, Dublin to bring an action in the Dublin Metropolitan District for banning the husband from the family home rather than to have to return to the local court in which the home is situated and (ii) to enable the parties to proceedings under the Act to receive legal aid.

As regards the first matter, the 1976 Act provides, as one of the choices available, that proceedings may be brought before a district justice assigned to the district where either party ordinarily resides. Ordinary residence is a question of fact—and may of course include residence with relatives or friends. Whether it would include a stay in the institution mentioned would presumably depend on the facts of the particular case.

Because of this and apart from other considerations, I do not consider that I would be justified in introducing an amendment of the law that would distinguish between people staying in a particular institution and others.

As regards legal aid, I refer to my reply of 20th October in which I stated that I consider that it would be inappropriate for me to take any decisions in regard to legal aid in cases such as this in advance of consideration of the report of the Civil Legal Aid Committee.