Oireachtas Joint and Select Committees

Wednesday, 12 July 2017

Select Committee on Justice and Equality

An Bille um an gCúigiú Leasú is Tríocha ar an mBunreacht (Colscaradh) 2016: Céim an Choiste
Twenty-fifth Amendment of the Constitution (Divorce) Bill 2016: Committee Stage

12:00 pm

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I appreciate all the comments which were very interesting. I would not like us to be counterproductive regarding the premise of this Bill. I would not like to see it lost somewhere in the ether and I would like to see it progress. I take on board everybody's comments. Obviously, it is not all my say anyway. Clearly, we have the Government and the confidence and supply agreement with Fianna Fáil.

In case my words came across wrongly, I am not saying people collude in divorces but one of the reasons applicants must give evidence in court is to avoid collusion. Again, this goes back to "separate and apart" so living apart and living separate are different things in the eyes of the judge. We are talking about a couple being separated for a period of time rather just living apart because a couple could live apart under the same roof but it involves specifying that distinction between separate and apart. That is why I think it should be left in.

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