Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Sinn Féin supports the passage of this Bill and the referendum being put to the people of the State. We welcome the Bill and the referendum more broadly to reduce the waiting period that a separated couple must undergo before a couple may be granted a divorce. We recognise, as we did during the original divorce referendum in 1995, the reality that some marriages break down over time and the sad fact that this breakdown is sometimes irreparable. There are also other reasons. Article 41.3.2°, as it currently stands, is very restrictive and is not fair to those who seek to divorce. It creates even more hardship and difficulty in what can be an already difficult experience. The experience of the eighth amendment illustrates that it is unwise to specify complex social policies in the Constitution and that these matters should be governed by ordinary primary legislation passed by the Houses of the Oireachtas. We will give this Bill consideration in due course and we may seek to amend it as it progresses. However, I will not put the cart before the horse. I am willing to see the outcome of the referendum, which I hope will pass with a substantial majority.

There is a distinction to be drawn between contested and uncontested divorce. In uncontested cases, the requirement for a long separation period is likely to be unnecessary. However, where one spouse opposes the application, it is common practice in other common law jurisdictions that a period of separation would be considered proof that the marriage has broken down irreparably. The Minister informed my colleague, Deputy Jonathan O'Brien, that this would not be an issue but I remain unconvinced about this. If a referendum were to pass and a two-year waiting period were introduced, it strikes me that it will be arduous for a couple, for instance, in a case where the relationship is still amicable, if, after agreeing to file for a divorce and go their separate ways after six months, they would be required to wait a further 18 months to seek a formal separation. I am not stating that the two-year waiting period should be disregarded but, rather, I would like to open a discussion on whether it is necessary in the first place.

As I stated, we will examine the legislation carefully and the possibility distinguishing in legislation between uncontested and contested cases in the hope that any legislation would be cognisant of both types of cases and would not treat them as being the same. In those circumstances, the commitment and love between two people required to sustain a marriage is no longer present. It is simply inhumane to require these persons to continue to be bound by a legal partnership that both want to leave. The electorate agreed with this view and passed the divorce referendum in 1995. The Constitution's outright ban between 1937 and 1995 did not serve society well. It did not serve those who were legally trapped in marriages which they did not want to be part of either.

We recall the strong resistance to the proposed divorce referendum by some organisations which insisted that the introduction of divorce in Ireland would open the floodgates to marital breakdown. This has clearly not happened. There were already thousands of separated persons in this jurisdiction before divorce was introduced. The current waiting period is not acceptable. No one seriously considers that it should take grown adults four years to decide whether they want to divorce. What is the point in forcing people to wait a long time before they can divorce, especially when many of them form relationships and have children with others in the intervening years? We need to trust adults to make the best decisions for themselves, their families and relationships. On that basis, Sinn Féin is happy to support the Bill and will support the referendum in May.