Aengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

On the same matter, we all hope progress will be made on this legislation but if the provision remains as it is, it would be open for somebody to challenge it. Given that discrimination cannot happen on nine grounds at the moment and the Constitution protects marriage, it is one of the problematic provisions within the Bill that could force a couple to divorce. In an ideal world we would have same-sex marriage to deal with the hiccup in society and I hope we can see that issue addressed shortly, but in the meantime there is a provision before us. We need to be imaginative enough to accept that there are happily married couples and for them to continue to remain as a couple or in a civil partnership, the State would be forcing them to divorce. They would have to live apart for four years. It is just one area we need to tease out.

I agree with Senator Power in asking the Department, if possible, to share some of the advice or legal background. Perhaps we could ask the Attorney General or the Minister to come before us and help us with the issue. If the Bill is published in the manner suggested, this will be a sticking point for most of the people I have spoken to about the legislation.