Rónán Mullen (Independent) | Oireachtas source

Yes, and has the requirement ever been the cause of an outright refusal of divorce? I would be interested to know. I am a big fan of evidence-based political debate. I talked about this in recent days. This is another area where I would be glad to be better informed, and the House, while contemplating and considering these issues, should inform and re-inform itself. It seems to me that if the requirement that there be no reasonable prospect of reconciliation between the spouses is in the Constitution, it is always a strange thing if something that is expressed in the Constitution has no real effect in practice. At most the requirement should be in the "Directive Principles of Social Policy" section of the Constitution, but it does lead one to ask the question as to why things are aspired to in the Constitution but not delivered on. If there is a lack of evidence - and I say "if" in case I am wrong and there are mountains of evidence - to the effect that the requirement that there be no reasonable possibility of a reconciliation does affect decision-making in this area, although I do not think there exists such evidence to any significant degree, if the requirement is not having any effect in reality and if divorce is in fact seen as a right and this condition is being given lip service but not being followed through on in any way, it should make us reflect why it is considered desirable to mention that a divorce will only be granted where there is no real prospect of reconciliation. Of course, there are people here who say that this should not be a requirement, that it should be completely a matter of personal choice. If the requirement is there, however, how come it has not - if it has not - found any real expression in support of promoting marriage?Is it a bit like the clause supporting a woman giving care in the home? We all agree the clause needs to be changed to be less gender specific but, to judge by our economic policy in recent years, it has had absolutely no effect on public policy and I regard this as deeply regrettable. The Minister's points have caused me to reflect on this. It is appropriate, as we consider the referendum legislation, that we say a word or two about it, if things are as I have described.