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

We do not have them on this Stage, but we live in hope. We should proceed with this amendment as the referendum on marriage equality has been passed. There is a danger in the Minister of State’s approach in that those appealing the decision in the referendum in the courts will find another mechanism to delay the introduction of marriage equality and, accordingly, the removal of this clause. While they are entitled to do so and that is the luxury of the system we have in place, the problem is that, as legislators, we must heed what happens in the courts if a constitutional case is taken. Also, one cannot make a law that could be struck down as being unconstitutional.

While I am practical and would withdraw the amendment and resubmit it on Report Stage, I would not be happy with the Bill being passed without a guarantee that these odious criteria, some of which could involve people perjuring themselves by going through a sham divorce process in the courts, would be removed once the court case on the referendum had been settled. The marriage equality referendum was the get-out and the reason most of us accepted the legislation was not ready in March. The referendum which was overwhelmingly passed by the people is a side issue. It should not delay the removal of these criteria.