By Robert Hart, Staff ReporterTHE PROPERTY (Rights of Spouses) Bill, providing new rules for the division of property between separating spouses, was passed in the House of Representatives Tuesday.
The Bill, which had been subjected to almost four years of on and off scrutiny, was piloted in the House by Minister of Development Dr. Paul Robertson and debated on by, among others, Prime Minister P.J. Patterson and Opposition spokesperson on gender issues Olivia 'Babsy' Grange.
In opening the debate Dr. Robertson whose Ministry is responsible for gender issues noted that the Bill, first referred to as the Family Property (Rights of Spouses) Act, would "charter new frontiers in family law" in Jamaica. The Development Minister noted that the Bill, already passed in the Senate, was unprecedented in not only providing for the equitable division of property between spouses on the breakdown of a marriage, but also the equitable division of property between spouses on the breakdown of common-law unions of five years or more.
"So is not only that no bastard no de yah again, it is also that everybody has property rights," Dr. Robertson said to thunderous applause within the Chamber.
During his contribution to the near two-hour debate on the Bill, Prime Minister Patterson cited the work of the late Justice Ira Rowe, former president of the Court of Appeal. Justice Rowe, who died last month, chaired the Family Committee which submitted the 1990 report on Matrimonial Property Law Reform, on which the provisions of the Bill were substantially based.
But Mr. Patterson was also concerned with public speculation that the Bill seeks to encourage common-law unions, to the detriment of marriage. "Now, let us be clear about this. The Bill does not place common-law union on the same footing, legally or morally, as marriage," he said.
The Prime Minister added: "It is a fact that persons in such relationships (common-law) build families together, work together and accumulate possessions. When the relationship comes to an end, the parties undergo the same kind of dislocation experienced by persons who are married."
"If the law is to be effective, it must look to the social and economic consequences of the relationship rather than the legal form."
During her presentation Ms. Grange, a member of the committee that considered the Bill, expressed her happiness that "finally a value has been placed on the work of the woman in the home". In addition, she implored women to "please educate yourselves about this Act."
Also contributing to the debate was Portia Simpson Miller, the Minister of Local Government, Community Development and Sport, who declared sight of the "light at the end of the tunnel."
"It is not an 'oncoming train'. Oh no, it is the light that is beckoning us to try and ensure a just and equitable society for all our people," Mrs. Simpson Miller said.
