Alan Shatter (Dublin South, Fine Gael)
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Question 52: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the law relating to the recognition of foreign divorces is in a state of chaos, that different rules apply to the recognition of foreign divorces granted in different member States of the European Union depending on the date on which they were granted, that entirely separate rules apply to divorces granted by a court of a European Union State compared to those applicable to divorces granted outside the European Union and that there is an urgent need to comprehensively reform this area of the law. [25966/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Since early 2001, the recognition of foreign divorces within the EU (with the exception of Denmark) has been governed by a series of Regulations. Firstly, there was Council Regulation (EC) No. 1347/2000, commonly referred to as Brussels II, which entered into force on 1 March 2001. Secondly, there was Council Regulation (EC) No. 2201/2003, commonly referred to as Brussels II Bis, which has been in force since 1 March 2005 and which repealed the original Brussels II Regulation, albeit without modifying the 2001 jurisdiction rules upon which recognition is predicated.

Both Regulations contain transitional provisions to enable the recognition regime to apply to a larger number of judgments than would otherwise be strictly speaking within their scope.

The Domicile and Recognition of Foreign Divorces Act 1986 now applies only to the recognition of foreign divorces not encapsulated by the EU regime. Thus, the provisions of section 5, subsection 1 of this Act no longer have effect in relation to proceedings where the relevant jurisdiction has been exercised by a court of an EU Member State by virtue of the Brussels II Bis Regulation.

Given the relatively recent development of EU rules in this area, the special position of Denmark and the accession in 2004 of 10 new Member States, it is not surprising that there is going to be a period of time within the EU when the recognition regime is not as transparent as might be desirable. However, that is a matter which will improve with time and the transitional arrangements which have been arrived at are not susceptible to modification at national level.

The Deputy will appreciate that the primary focus heretofore has been on the settlement of recognition rules within an EU framework. The recognition of foreign divorces granted outside that framework is a matter for individual Member States and the operation of the law in this area as far as this jurisdiction is concerned continues to be kept under review by my Department.