asked the Taoiseach the proposals, if any, for the amendment of the Constitution or its total replacement by a new Constitution.
5.
Ceisteanna—Questions. Oral Answers. - Amendment of Constitution.
4.
asked the Taoiseach if he is yet in a position to make proposals for the amendment of the Constitution permitting the legal dissolution of marriage in the Republic.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 4 and 5 together. I would refer the Deputy to my reply on 12 October last to questions regarding Constitution legislation. The matters referred to then as under consideration are still being considered.
In view of the fact that the need for divorce legislation or the introduction of legislation which would bring it more into line with the annulment process of the Catholic Church is in greater demand—there has been a 15 per cent increase in the number of people looking for these annulments and the number seeking deserted wife allowance has gone from 2,000 to 5,000 in the most recent year—is it not a matter of urgency that the divorce laws be brought more into line with western usage? I should like to bring the Taoiseach's attention to the fact that next year the divorce laws in the North of Ireland will be brought into line with British laws in this regard. In those circumstances we are moving further away from the northern part of the country because of the conservative nature of our laws.
As far as this affects the Constitution the Deputy is aware that I indicated to him in another respect that the question of nullity, in so far as it differed from certain church laws, had been referred to the Law Reform Commission. The question of a change in divorce would be a matter for legislation in the first instance by this House and referring it as a question to the electorate by way of referendum and that is not being considered.
The Taoiseach, when he replied in October last, made it clear that he did not see any great reason for major changes in the Constitution at that time and I should like to ask him if he has changed his mind at all in that regard and if he believes that the average Northern Protestant Unionist should equally be as satisfied as he is with the existing Constitution which, as the Taoiseach knows, under Articles 2 and 3, applies in a united Ireland?
It is not a practice here to answer questions by asking another one but I would like the Deputy to indicate in what respects he finds the Constitution inadequate if he ignores the matters he has already raised, Articles 2 and 3, and the prohibition on legislation for divorce.
Many years ago an allparty committee of the Dáil in consideration of the Constitution made a number of recommendations for its amendment and the Taoiseach, to use his own phrase, has made no attempt whatever to grasp the nettles he talked about grasping.
When does the Taoiseach expect that considerations will be completed in regard to the questions of adoption and bail, which were the items referred to by him this time last year as being under consideration?
I cannot say at the moment. There are some difficulties and there are different opinions as to the need for and the scope of amendments on the question of adoption. As far as bail is concerned, I understand also that an amendment may not cure the defect that the method of granting bail has now shown up in ordinary criminal prosecutions. These matters are, by reference to what I have just said, under continuing consideration.
Does the Taoiseach accept that this is a matter of considerable urgency and a cause of great concern?
I do.
A last supplementary.
As the Taoiseach has said, there is great concern about the question of adoption. Even if there is a legal doubt as to whether there is a need to change the Constitution, it is a doubt which is causing much concern to adoptive parents. Will the Taoiseach not accept that there is an urgency to settle this doubt one way or the other?
I accept that urgency completely and I am very anxious that whatever amendment is required will be introduced. I have a personal interest in it, though not from my own personal point of view.
Would the Taoiseach not consider that the needs regarding the adoption issue could be met by the Bill in the name of Deputy Eileen Desmond submitted immediately before the recess?
I answered that question in the House on the last occasion.
Would the Taoiseach give an indication as to the differences of opinion and the legal difficulties which have been posed with regard to the change in the Constitution?
I do not think it would be wise or prudent of me to say that at this stage.