Seanad debates

Tuesday, 9 April 2019

An Bille um an Ochtú Leasú is Tríocha ar an mBunreacht (Scaoileadh ar Phósadh) 2016: An Dara Céim - Thirty-eighth Amendment of the Constitution (Dissolution of Marriage) Bill 2016: Second Stage

 

2:30 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

We require a level of consensus here. I am keen to acknowledge the supporting comments of representatives of other parties and groupings. If we achieve consensus, then we can go forward to request the views of the people with an element of confidence that was not always evident in the context of referendum campaigns.

On the proper provision requirement being retained in the Constitution, I remind Senators that the LRC has included in its fifth programme of law reform an examination of the proper provision requirement for divorce and recognition of foreign divorces. The outcome of this examination will inform future proposals. I am not sure it would be prudent to propose an amendment to the proper provision requirement in advance of that examination by the LRC. In response to Senators Ruane and Bacik, it is my considered view at this stage that the remaining provisions in the Constitution are there for a very good reason, namely, the matter of the court order, the fact that an order will only be granted on the basis of there being no prospect of reconciliation and that proper provision be made for spouse and children.

At the heart of the proposal by Government is a desire to ease the burden on people whose marriages have broken down. Senator Bacik is correct when she says that Ireland has a very low divorce rate, which is very welcome as a fact. The Constitution's current requirement means that couples frequently go through the process of separation agreement or judicial separation before they can make an application for a divorce.

I was struck by Senator Colm Burke's comments on the matter of delay. He did not mean me to respond by way of comment on any individual case but I hope the issue he raised specifically could be addressed by the courts. These issues have been before the courts for many years. It would be unwise of me as the Minister to make a comment either way on the performance of the courts on issues that might be, or perhaps still are, before them. Perhaps there may be another avenue down which the Senator might traverse to seek a resolution.

I thank Senator Marshall for his comments and support. He used the word "reasonable" a number of times in his comments, and that was entirely appropriate. We want to act in a reasonable manner with this Bill. I also acknowledge the support of Senator Ó Domhnaill and his party.

I look forward to debating the matters further. I thank the Senators for their contributions. Subject to the order of the House, we may have an opportunity to discuss matters on Committee Stage later this week.

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