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
Jack Chambers (Dublin West, Fianna Fail)
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Following from my colleagues' positive comments, I too welcome the Bill and thank Deputy Madigan for her work on it. As we can see from the current constitutional context, the required period is indeed too long. It is unfair that we are putting so many families through this constitutional threshold. As Deputy O'Callaghan mentioned, people's lives are short and we should not impose this on them.
I have a number of questions. My first is for the Minister of State. What would be the timeline for a referendum on this? When does he envisage this happening? My next question picks up on Deputy O'Callaghan's point. The wording has now been extended to say "separate and apart". Are we really increasing the already difficult constitutional threshold of proof around the word "apart" by adding "separate"? Would it be better to put "separate or apart" in the proposed provision? We might be making judicial interpretations of the amendment even more difficult if this is passed. Not only would applicants have to prove that they are apart, they would also have to prove that they are separate. As Deputy Brophy mentioned, we need to be very careful that we do not increase the difficulties facing people and to ensure this is workable in a court of law.