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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Law Reform.

Married women's legal status

Summary

Mrs. Desmond sought reform of married women's dependent domicile and the husband’s claimed proprietary rights and related causes of action. The Minister said domicile reform involved consequential questions under Law Reform Commission review, promised to treat it as a priority, and declined to comment further before the Commission reported.

asked the Minister for Justice if he will make provision for the abolition of the rule of law under which the domicile of a married woman is dependent on that of her husband.

20.

Comment on this

asked the Minister for Justice if he will abolish the archiac and anomalous law which presumes a husband's proprietary interest in his wife and affords him right of action such as criminal conversation and loss of a wife's society and services.

Comment on this

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 19 and 20 together.

A change in the law of the domicile of a married woman cannot be effected simply by the enactment of legislation to abolish the present rule and leaving it at that. There are several consequential matters that would have to be catered for in any such legislation and this in turn raises the question of what those consequential provisions should be, bearing in mind that there are several options. There is also, of course, the possibility that the legal concept of domicile need not be retained at all either for men or women.

Likewise, any examination of certain types of legal action such as an action for criminal conversation must logically extend to other forms of action, including actions for enticement which may be taken by a wife as well as by a husband.

These matters are being investigated by the Law Reform Commission. The commission's programme for law re-form, which was laid before both Houses of the Oireachtas in January last, stated in paragraph 2 that the commission are currently examining the law relating to criminal conversation and some other types of legal action is in paragraph 12, under the heading "Family Law". The programme states in the introduction, paragraph 3 that, as a matter of priority, it will give its first attention to the subject of family law.

Comment on this

Will the Minister bring whatever personal influence he has to bear on the commission to ensure this priority?

Comment on this

I certainly will.

Comment on this

Would the Minister agree these actions are an outrage on the dignity of women and these particular matters are matters that should have precedence and will he ensure they get that precedence?

Comment on this

I certainly will.

Comment on this
Jim O'Keeffe Mr. O'Keeffe Fine Gael

I would ask the Minister for further information as to what are the consequences bearing on a change in the law relating to domicile so that we might have some idea of how serious the problem is. The Minister said simple change would not be sufficient.

Comment on this

The problem is extremely delicate and complicated and I would ask the Deputy not to press me on it. It is at the moment with the Law Reform Commission and I would prefer not to make any public pronouncements on the matter until I have heard from that body. I told Deputy Mrs. Desmond that the Law Reform Commission are keeping this particular area as a priority area and are giving it their first attention and, when I hear from that body, I shall be in a position to take decisions.

21.

Comment on this