HC Deb 28 February 1996 vol 272 cc554-5W
Mr. Robert McCartney

To ask the Secretary of State for Northern Ireland if he will list the Northern Ireland Instruments relating to domestic violence; and what consideration he has given to incorporating Northern Ireland into the Family Law Bill. [17118]

Sir John Wheeler

The Northern Ireland statutory instruments relating to domestic violence are as follows:

  • Domestic Proceedings (Northern Ireland) Order 1980 (NI.5)
  • Children (Northern Ireland) Order 1995 (NI.2)
  • Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI.4)
  • Housing (Northern Ireland) Order 1983 (NI.15)
  • Rent (Northern Ireland) Order 1978 (NI.20)
  • Magistrates' Courts (Northern Ireland) Order 1981 (NI.26)
  • Police and Criminal Evidence (Northern Ireland) Order 1989 (NI.12).

The Government, after careful consideration, have taken the decision that the Family Law Bill should not extend to Northern Ireland. With regard to the reasons for not extending the divorce provisions in part II of the Bill, I refer the hon. Gentleman to the answer I give him on 23 November 1995, Official Report, columns 301–02.

As to part III of the Bill—that is, the matrimonial homes and domestic violence provisions—the Government take the view that since there are a number of aspects of the law of Northern Ireland which vary from that of England and Wales extension of this part of the Bill is undesirable. It is also the case that direct extension would create considerable drafting difficulties. The resulting complexity of the Bill would have the effect of making the legislation more difficult to use for those seeking its protection.