Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the Deputies for their comments. I appreciate the parties' approach to this issue. The Leas-Cheann Comhairle has been in this House longer than me but it seems from my recollection that no referendum has ever been passed with the support of a Government party or Government parties alone. I believe, therefore, it is important that we endeavour to achieve the type of consensus I am very pleased to see emerging. I thank Deputies Donnelly and Jonathan O'Brien and their respective parties. I thank the parties that are not represented here at this debate but that expressed their broad support.

I acknowledge the support of Deputy Paul Murphy, who would like to see us go further, with particular reference to the time limit. We are removing a time limit from the Constitution but retaining a reduced time limit in law. I gather from what Deputy Paul Murphy said that he believes there is no necessity for such a limit. I do not necessarily agree but I am keen to ensure we put something to the people in a constitutional referendum that will receive their broad support. With that in mind, it is important that we do not delete all references in our law to a time limit. For reasons I have already stated, it is desirable to reduce the time limit but also to remove such limits from our Constitution, such that these issues can be decided by law. We will have an opportunity to address this at another stage, when proceeding with the law, should the Irish people form the view that the change put forward is desirable. I take Deputy Paul Murphy's point, however, not that I agree with it.

Deputy Donnelly made an important point on living separately and apart, a point also made by Deputy Jonathan O'Brien. Deputy Paul Murphy raised it in the context of the broader economic and social debate. These are very reasonable points. I have given reasons for the Government's view on why it is desirable to have time limits.

Ultimately, it will be up to the courts to decide on the basis that, regardless of what the people decide, under our Constitution divorce will be granted only by way of an order of the court. The judge will be required to take into consideration all factors in determining whether the living-separately-and-apart requirement has been met. I can say to Deputy Donnelly that the courts have already recognised circumstances in which couples can be living apart and separately but at the same time under the one roof. I say this in order to assuage the concerns of the Deputies Donnelly and Jonathan O'Brien somewhat. In other words, our law has recognised that people can be sharing the one dwelling but regarded as living apart for the purpose of granting an order of divorce. The court will inquire into and deal with these circumstances. Recognition has already been an issue in our courts.

Deputy Jonathan O'Brien, who probably goes further than Deputy Donnelly in this regard, should note that the question of clarifying exactly what is meant by living apart can be examined in the implementation of the legislation. I acknowledge what the courts have said and that this is an issue that will be taken into consideration by them but, for the purpose of clarification for Deputy Jonathan O'Brien, we can we can examine it further.

In response to Deputy Paul Murphy, we have ample opportunity in this House to deal with the issue of housing. I do not want to digress, not that the Leas-Cheann Comhairle will allow me, but I feel the Deputy makes an important point when he speaks about emergency refuge accommodation for victims of domestic violence. As Minister for Justice and Equality, I am very keen to have progress reported across the country on this matter. I have been speaking to interested parties and stakeholders in this regard. I represent a rural constituency and see parts of the country where there are deficiencies. I take the Deputy's point. It is one we will have an opportunity to revert to in the House in the context of the broader debate. With regard to advances we have made on tackling the scourge of domestic violence, I point to the recent ratification and signing of the Istanbul Convention and to legislative change of the appropriate level. We have succeeded in enacting four Bills in this House over the past couple of years. I acknowledge, as a member of a minority Government, the support and assistance of all parties in ensuring we enter a new era regarding how we treat domestic violence, showing zero tolerance towards it. For example, I am very keen to ensure appropriate investment in An Garda Síochána to allow that body, along with various agencies, to work to capacity to ensure we can tackle the issue raised.

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