Colm Burke (Fine Gael) | Oireachtas source

I thank the Minister for bringing forward this proposed amendment to the Constitution. It is a change which is required. I will raise some points for consideration based on my experience of dealing with the family law courts. Some people have used the courts system to delay the process of separation and divorce. For instance, I am aware of one case which has been ongoing for 18 years. The initial matter was one of judicial separation. The response of the other party was to apply for an annulment and constantly move legal offices. The party then applied to the court on the basis that they were entitled to qualify for legal aid. The case was dealt with in the Circuit Court and was subject to judicial review in the Circuit Court. An appeal to the High Court was lost and it then went to the Supreme Court. There is now a third judicial review. The courts must have a mechanism to deal with this. It is unfair to the party on the other side and to the court system that a case can take such a long time when it is clear that a marriage has broken down and the parties want to go their separate ways.In the case to which I refer, there is no finality 18 years later. I note that this legislation deals with a different issue, but I ask the Minister to look at the kind of complications I am talking about, namely, how the court system can be used in the wrong way and a person can benefit from that. That matter needs to be looked at, in particular in regard to judicial review and the situation whereby an initial application is made by one party and the other party then applies for an annulment. It is an issue about which I am very concerned. There is much undue delay in family law as a result of the process not being tied down.

Obviously, the right way, and the advice I would give to anyone who comes to me and says his or her marriage has broken down and he or she wants a separation or a divorce, is to go into mediation and try to come to a compromise and reach agreement. There are only two beneficiaries in judicial separation or divorce proceedings in the courts and those are the lawyers on both sides. I openly give that advice to people, but some people prefer to go down the road of court proceedings and that process needs to be tightened up. In reviewing this whole issue, the State solicitor's office, the Department and the Office of the Attorney General should look at the issues I have raised because they are of serious concern to me and it is important that the current situation not be allowed to continue. I welcome the proposal brought forward by the Minister and I hope that the electorate will vote for the required change.