Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I wish to share time with Deputies O'Loughlin and Brassil.

I commend Deputy Madigan on introducing the Bill and I assure her of Fianna Fáil's support in respect of it. Obviously, divorce in Ireland has been a lengthy and contentious issue. Back in Brehon times divorce in Ireland was permitted on certain grounds. However, when we became a modern independent State it was not permissible in Ireland. When the Constitution was introduced in 1937 it contained a specific term precluding divorce from being permitted on our Statute Book. We sometimes think that our country was a conservative outlier; that is not necessarily so. Divorce was frowned upon in Victorian times and only certain countries had access to divorce. Obviously as countries developed and matured, it became more acceptable. As the influence of certain perceived moral values lessened, the whole issue of divorce became more liberal.

We had a number of attempts to remove the constitutional ban on divorce. In June 1986 a referendum was defeated significantly by 63% to 37%. Nine years later another referendum was passed very narrowly by 50.28% to 49.72%. I would have thought that part of the reason for it succeeding was that it stipulated that people be separated for four of the preceding five years. In that regard it probably served a function. However, as Deputy Madigan has stated we have now moved on 20 years. As a party, we believe it is cruel to force people to be frozen in a status for a period of four years when it is clear that they cannot reconcile and that the marriage will not subsist in the future.

The Deputy's proposal is very sensible in referring to two out of the preceding three years. I know some people would think it should be less than that, which might be a matter for another time. We need to be careful that we retain consensus and support on the issue. I believe Deputy Madigan has done that very well. By limiting it to a period of two years out of three, I think it would be very hard for people to oppose it. For any change to the Constitution it is necessary to get broad support and I believe she has achieved that.

It looks as if the Bill will pass with the support of Fine Gael and Fianna Fáil; I am sure the other parties will also support it. However, we need to know when the referendum will take place. That will be a matter for the Minister for Housing, Planning, Community and Local Government. I believe it should be progressed sooner rather than later.

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