Oireachtas Joint and Select Committees

Wednesday, 27 February 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Discussion

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

It is important to recognise that both Ireland and the UK are party to a number of international conventions negotiated in The Hague, in particular the 1980 child abduction convention and the 1996 protection of children convention. With those taken together we are satisfied that these conventions will apply a framework that can be regarded as satisfactory in the circumstances. That will be the basis of continued co-operation in that area.

On the matter of the recognition of divorces, members will be aware that the recognition in Ireland of divorces in the UK is governed by the EU. If that EU regulation fails to apply, we will then fall back on the older Domicile and Recognition of Foreign Divorces Act 1986. In the forthcoming referendum on divorce, it is proposed to amend Article 41.3.3° dealing with the recognition of foreign divorces. If the people give their assent to that change, I will update the recognition of foreign divorces. That would also encompass any negative impact that the withdrawal of the UK from the EU might have. Members will be aware of the uncertainty in some recognitions around the issue of domicile as against residence. Later in the year we will have the opportunity to update our laws if we get the approval of the people in that regard.

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