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 David StantonDavid Stanton (Cork East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The discussion has been extremely useful and very interesting. I expect this Bill and the discussion we had today will lead to further comment in the public domain, and it is important to hear what other actors have to say about this. That is why pre-legislative scrutiny is sometimes useful for topics like this. There may be other unforeseen consequences that we may not pick up. I am not sure if the committee is in a position to do something like that at any stage.

This is a very important piece of legislation and it is important we reflect on it. We on the Government side intend to do that. I have put forward one scenario. As I stated, we are very keen to hear what everyone else has to say on this. That is why today's discussion has been so useful. The question is whether it should be in the Constitution at all at this stage and whether the Legislature could be trusted to legislate. The Family Law (Divorce) Act 1996 is on the Statute Book and it flowed from the earlier referendum and changes to family law. It is all there. That law can be amended at any time by the Oireachtas, provided it is in sync with the constitutional requirements. That is what we are looking at.

I take the points raised by people as to whether the electorate would be of a mind to allow the Oireachtas to legislate without having any constitutional controls. We must consider if that would be desirable or the right thing to do. It is something on which to reflect. There are serious issues and I know there is agreement in the committee that the Bill, as such, is not opposed. Some are proposing further examination or going a little further. We will bring the decisions to the House on Report Stage.