Dáil debates

Wednesday, 16 October 2019

Family Law Bill 2019: Second Stage

 

6:05 pm

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein) | Oireachtas source

There is not much more to be said on this Bill because the people have spoken. Ultimately, the people are sovereign and they have made their minds up on this issue. My party supported removing Article 41.3.2° from the Constitution and we support the Bill before the House now.

The referendum results on marriage equality, abortion and divorce have taught us that people are often ahead of the politicians on these important social issues and that they want to see social change. Ireland has become a far more tolerant and compassionate society that is prepared to acknowledge the complexities of everyday life. In truth, as with abortion and many other issues that are sometimes complex but which nonetheless impact on people's lives, I do not believe the Constitution was the best place to impose such rigid structures on people's lives on this issue. Our job now is to ensure that this legislation passes through both Houses of the Oireachtas to give certainty to those couples facing into divorce proceedings.

I wish to speak to Deputy Kenny's amendment briefly. First, Sinn Féin will not be supporting it. Ultimately, marriage is a legal contract. As such there are serious matters that must be dealt with when seeking to exit the arrangement. When the contract ends, matters relating to children and property must be dealt with. Often this happens through the legal system. This takes consideration by both parties. It takes time for the legal system to process, not only in the courts but through mediation and the respective legal teams of those involved as well. The process simply takes time. It takes time for the couple as they work through particularly challenging decisions.

Unlike other jurisdictions, Ireland's system of divorce operates on a no-fault basis. We want this no-fault basis system to remain. On that basis, Deputy Kenny's amendment would simply be unworkable, especially for the couples themselves.

There is not much more to be said. We support the Bill. We supported the referendum. This is a positive step forward for the type of transformative change that we need to see in Irish society.

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