Pat Gallagher (Donegal South West, Fianna Fail)

I thank Senator Browne for raising this matter. I apologise on behalf of the Tánaiste who is unable to attend the House.

I refute the Senator's suggestion that there has been a delay in appointing members of the group to study the operation of the law with respect to pre-nuptial agreements. The fact is there has been no undue delay. The Tánaiste indicated previously to the House that the study group would be chaired by a senior counsel. I am pleased to inform the House that Ms Inge Clissmann SC has agreed to undertake this task. Ms Clissmann is an expert in family law and has represented clients in some of the leading cases in this field. Her particular specialist areas include matrimonial litigation, child advocacy and related private international law issues.

The terms of reference of the study group are "to study and report on the operation of the law since the introduction of divorce in 1996 with respect to pre-nuptial agreements, taking into account constitutional requirements". The Tánaiste has asked the group to report by 31 March 2007 and to make recommendations for change, as it considers necessary. The Tánaiste intends to publish the report and any recommendations made.

The other members of the study group will include experienced legal practitioners in family law, legal academics and representatives from the Department of Justice, Equality and Law Reform, and the Office of the Attorney General. The necessary consultations and formalities involved in appointing the remaining members of the study group will be completed shortly.

On 18 October, as Senator Browne said, there was a full exchange of views in this House on the issue of pre-nuptial agreements. As the Tánaiste made clear on that occasion, the issue, as circumscribed by the Constitution, is not straightforward and will require close examination by the group. The Tánaiste looks forward to having the group's report which, he expects, will help fully to inform the public and the Government on what action can and should be taken. As I have said, the group will be asked to report by 31 March next. While the chairperson has been appointed, I expect the other members of the group will be appointed in the near future.