Colm Burke (Fine Gael) | Oireachtas source

I welcome the Minister to the House and thank him for bringing forward this Bill. The issue has already been decided in the referendum and the necessary changes have been made. In looking back at my involvement in the court process, I remember my first family law case, which was not that long ago. The judge kept adjourning the matter and would not deal with it. This is not a criticism of the judge, who has passed away since, but of the approach. For seven days in a row the case kept being adjourned until the final day of the term. A decision was given on dealing with the sale of a property. The issue at the time was that family law was not even being dealt with by the courts. The other recollection I have is of dealing with an annulment case where it was far easier to get a church annulment at the time than it was to get a State annulment. I spent six days in the High Court on a State annulment case where a former President, who was then a senior counsel, was a senior counsel on the other side. Every issue and part of that case was contested. Those were the complications of family law. It was extremely expensive and difficult. Unfortunately, the annulment process was one of the only processes available. Even though it was difficult, we were successful in this case and subsequently we were successful in the Supreme Court as well, but I mention the sheer difficulties people had.

There was no law really dealing with this matter. Looking at it in real terms, it was the former Deputy Shatter who brought forward the first family law Bill in 1976. Looking at it now, the real legislation in the area that we are amending now was brought forward in 1989, again by the former Deputy Shatter, and that was brought forward as a Private Member's Bill rather than as a Government Bill. We are now dealing with it as a Government Bill, and rightly so, to amend that Act of more than 30 years ago. It is interesting how it was a Private Member's Bill that started off this process. It is important we acknowledge the contribution of the Minister for Culture, Heritage and the Gaeltacht, Deputy Madigan, in bringing forward the Bill and the subsequent amendment.

It is important that we regularise this issue and that where we cater for where all the evidence is. This Bill also defines the issue of living apart. Circumstances have changed in this area. We had the economic downturn where people could not physically afford to move into separate accommodation. This Bill is dealing with that issue as well, and that is a welcome development. The changes are welcome. The people have spoken on this and given their decision. It is our job to bring forward the legislation, to put it in place and to give effect to it. It is also important to acknowledge that we also need to cater for where there is a no-deal Brexit scenario. We need to plan carefully so we do not end up in the legal complications that occurred previously. Before the divorce legislation was introduced here, it was not unusual for people to apply for divorce in the UK, causing a lot of legal complications, especially where one of the parties subsequently died, as that raised questions on whether that divorce was valid or should be validly recognised, which caused problems in the distribution of the estate.

I thank the Minister, the Department and all the people involved in bringing forward this Bill. This legislation deals with all those issues. It is a complex area. I am involved in a family law matter that has been going on for 18 years. Unfortunately, it is not straightforward. Therefore, it is important that when we bring legislation forward, we try to cover all the complexities and difficulties that arise so that judges and the Judiciary can deal with the decisions and can make a decision that accommodates the best way forward for the people involved.

I welcome this Bill. It is important we get it through. That is why this House is supporting that all Stages would be dealt with today.