Trevor Sargent (Dublin North, Green Party)
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Question 155: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason the Government has decided not to participate in the negotiation and implementation of new EU Commission proposals on divorce and legal separation which proposes to amend the Brussels II Regulation by introducing new EU wide rules determining which member states' law should apply and which member states' courts should have jurisdiction in divorce and legal separation cases which have a cross-border dimension; and if he will make a statement on the matter. [36342/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Government decided not to participate in the adoption and application of the proposed Council Regulation amending Regulation (EC) No. 2201/2003 (Brussels II bis) as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters (COM2006 399), published on 17 July 2006.

The EU Commission published the proposed Council Regulation following its Green paper on this subject in 2005 which launched a wide-ranging consultation process. The Government's decision not to opt-in to the adoption and application of this proposal is in line with its response to the Green Paper in November 2005. If Ireland were to accept this measure, it would permit EU nationals resident in Ireland to obtain a divorce in our courts on substantially different grounds than that provided for in our Constitution as allowed by the referendum on divorce in 1995, which is 4 years separation of the parties. It would also mean that the present Constitutional requirement on Irish Courts in divorce proceedings to grant a divorce only where proper provision is made for the parties involved and for dependent children would not apply in such cases.

Under EU Treaty provisions in the area of civil law, Ireland does not participate in the adoption and implementation of such measures unless we exercise an option to so participate. In view of the concern that this measure would facilitate some couples in bypassing the special provisions introduced following the 1995 Constitutional amendment, which I have outlined, the Government took the decision not to exercise the option to participate in the adoption and implementation of this measure.