Alice-Mary Higgins (Independent) | Oireachtas source

I welcome the Bill to the House and I support of my colleague, Senator Ruane's, amendment. She referred to the fourth referendum. I remember the first referendum on divorce. It was probably the scariest public speaking I have done in my life as I was studying in the Gaeltacht at the time - I was nine or ten - and was the only child in the class to speak in favour of the concept of divorce, in quite poor Irish I remember. Of course that referendum did not pass. Much later, as a student in UCD, I joined staff and other students in campaigning for the right to divorce. In the intervening period the debate had evolved and the divorce referendum passed. In the years since, there has been massive change and evolution. The understanding of equality issues within families has changed. Ireland did not experience the great wave of divorces that was feared at the time, rather we gained a greater openness and transparency around issues of equality in the family. Since then we have had changes to rights in different areas.

The reason I support Senator Ruane's amendment is that it provides space for the Legislature to respond to the evolving landscape. Even in the past few years there has been a greater understanding of issues like coercion and control, which may not previously have been reflected in efforts to understand whether reconciliation was authentic. The Istanbul convention has been ratified, which again looks to legislation and protection in respect of issues of violence, which can be a contributory factor. We have, at last, introduced a very strong provision on the rights of the child to our Constitution. This may alleviate the necessity for the current provision on the welfare of children. It is a wider constitutional provision to which the Judiciary can give consideration rather than the more detailed and directive content that also exists. I understand that the legislation is coming and that there is scope to set the tone of how it might be interpreted. I understand that this will be addressed in the guidelines to be provided to the Judiciary, which will be non-binding.

This is often a difficult decision for people to make. Marital breakdown is often very sad. This is an opportunity to move on this issue and to have a Legislature responding appropriately to the evolving national and international understanding of these issues rather than having to come back to the issue in another decade to amend the Constitution again. If we have to come back in a decade, we will. That will happen at that time. I would love it if the Minister could share his views on the proposals and valid concerns of Senator Ruane. I will support the Bill and the referendum to implement a more humane and practical understanding of martial breakdown in Ireland.