Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledged the points raised by Senator Ruane. I have taken careful note of the points raised. I am confident we will have an opportunity to debate them in further detail on a future occasion. I acknowledge Senator Ruane's actions in the spirit of consensus I spoke of. I greatly appreciate the manner in which Senators Ruane and Higgins have approached this. I am grateful for it and I believe it will be important in the context of the public interaction on this issue.

To respond to Senator Mullen very briefly, it is important that anything said is not unduly misinterpreted. I make clear that any application brought to the courts seeking a decree of divorce is done having regard to the constitutional provisions and having regard to the legal advice on these provisions that is given to both parties. The requirement that we have a process is time honoured and I want to make it clear, in case there is any misinterpretation or misunderstanding, that the removal of the minimum living apart period in the Constitution will not open the door to what has been described as a form of quickie divorce, automatic divorce or divorce without process. It will still be possible for the Oireachtas to prescribe a minimum period in legislation in any event. If the referendum is passed, I intend to introduce the family law (divorce) (amendment) Bill 2019. I have published the draft scheme of the Bill, which proposes to amend section 5 of the 1996 Act. This will specify a minimum living apart period of two years out of the previous three. We will have the opportunity to revisit that in the course of the debate. I am making clear that this is my proposal, as Minister for Justice and Equality, and it is the proposal that has been accepted by the Government and in a vote of the other House.