Jim O'Keeffe (Cork South West, Fine Gael)
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Question 188: To ask the Minister for Justice, Equality and Law Reform if he will report on the impact proposals on family law, in particular with regard to divorce, emanating from Europe, will have on domestic law here; and if he will make a statement on the matter. [15879/05]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 189: To ask the Minister for Justice, Equality and Law Reform if Irish divorce laws will be diluted as a result of proposals on family law, in particular with regard to divorce, emanating from Europe; and if he will make a statement on the matter. [15881/05]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 190: To ask the Minister for Justice, Equality and Law Reform if proposals on family law, in particular with regard to divorce, emanating from Europe, will require an amendment to Irish legislation; and if he will make a statement on the matter. [15882/05]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 191: To ask the Minister for Justice, Equality and Law Reform when proposals on family law, in particular with regard to divorce, emanating from Europe, will become effective; and if he will make a statement on the matter. [15883/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 188 to 191, inclusive, together.

I assume the Deputy is referring to the Green Paper on applicable law and jurisdiction in divorce matters published by the European Commission on 14 March 2005. The purpose of the paper is to launch a wide-ranging consultation with interested parties on possible measures to be taken at Community level so as to create a procedure which would operate throughout the EU on the question of applicable law and jurisdiction in divorce matters which have a cross-border dimension. The text of the Green Paper is available on the European Commission's website:http://www.europa.eu.int/comm/justice_home/news/consulting_public/news_consulting_public_en.htm. I wish to emphasise that the Green Paper is not a legal instrument. It is merely a mechanism to launch a wide-ranging consultation. It goes without saying, therefore, that it has no impact on Ireland's family law including our divorce law. Indeed, the Commission Green Paper itself acknowledges that among possible ways forward is no change in the status quo on the basis that the issue does not warrant Community action.

The treaty provisions governing judicial co-operation in civil law matters provide that Ireland has an opt in to measures in this area, either when a proposal is tabled or following its adoption. Were the Commission to come forward with proposals arising from the Green Paper, which is by no means certain, any exercise of an opt in by Ireland to the measure is subject to Article 29.4.6 of the Constitution which requires prior approval of both Houses of the Oireachtas. Ireland is not bound by any measure to which it does not opt in. Furthermore, the relevant treaty provisions provide for decision making by unanimity in relation to all family law measures in the field of judicial co-operation in civil matters. Measures are only permitted by the treaty to the extent that they have cross border implications and are necessary for the functioning of the internal market, Articles 65 and 67 of the TEC.

I also wish to assure the House that Ireland's entitlement to opt into civil law measures is preserved by the constitutional treaty, protocol 19. Likewise, decision-making by unanimity is retained for the purposes of family law measures. The relevant provisions of the constitutional treaty also continue to relate measures in the civil law area to matters having cross border implications and the proper functioning of the internal market as well as on the basis of the principle of mutual recognition. The constitutional treaty also provides that unanimity will apply in relation to the adoption of legislative instruments in the field of judicial co-operation in civil matters which are concerned with family law with cross-border implications, constitutional treaty article III-269. While the constitutional treaty provides for the possibility of a change in the decision making arrangements for this purpose to qualified majority voting and co-decision with the European Parliament, this again can only occur by unanimous decision, Article III-269(3).

The Commission has invited interested parties to submit comments to them on the Green Paper before 30 September 2005.

In accordance with Oireachtas scrutiny arrangements, the Green Paper has been laid before both Houses of the Oireachtas. It has been referred to the Joint Committee on Justice, Equality, Defence and Women's Rights for information and consideration and also to the Joint Committee on Social and Family Affairs.

The Government will convey its view on the matter to the Commission in advance of the September deadline. The Government's starting point will be that any measures that may be taken in this area will not be allowed to undermine our existing domestic law on divorce. However, I should like to make clear that the Green Paper does not contain any proposal to harmonise the laws of member states on divorce.

With regard to other proposals on family law emanating from the EU, the Commission published a Green Paper on maintenance obligations in April 2004 and a Green Paper on succession and wills in March 2005. The purpose in both cases is the launch of a wide-ranging consultation. Both papers have been laid before the Houses of the Oireachtas in accordance with Oireachtas scrutiny arrangements. The latter paper has been referred recently to the Joint Committee on Justice, Equality, Defence and Women's Rights for information.