David Stanton (Cork East, Fine Gael) | Oireachtas source

Perhaps but at the same time when one considers everything else that is going on, one can appreciate that. That is why I am suggesting that we listen to what everyone has to say today, and I am doing that very carefully, and see what we will do with this on Report Stage, that is, whether we let it go through as proposed or bring forward the amendment we suggested. The question is whether this issue needs to be dealt with in the Constitution at all or whether legislation could deal with it and make it easier to make changes as time goes on. I take the points made by Deputies O'Callaghan, Jack Chambers, Madigan and Brophy about whether it would pass. This is the other issue. Would it pass in a referendum? None of us knows that at this stage. As with many of these issues, it would be good if there was a public consultation or discussion about this so that people could reflect on it. I would be concerned about moving too quickly without having that public debate about this.

In any event, the Family Law (Divorce) Act 1996 makes detailed provision for the exercise by the courts of their jurisdiction to grant divorce so the only change necessary would be to reduce the time period specified in that Act. If a referendum is held and passed, it would still require legislation to follow it. There would be no change until a change was made in legislation.

The wording of the proposed text will be carefully examined in consultation with the Attorney General but the discussion today is extremely useful. I am not proposing to accept any of the amendments but the discussion is extremely informative, useful and important.