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Dáil Éireann debate -
Wednesday, 11 Oct 1978

Vol. 308 No. 1

Ceisteanna—Questions. Oral Answers. - Law Reform Commission.

6.

asked the Taoiseach the programme prepared by the Law Reform Commission, in consultation with the Attorney General, and submitted by the Taoiseach to the Government for approval; and the measures so approved.

7.

asked the Taoiseach if the consideration of our laws on dissolution of marriage, adoption, censorship, contraception and homosexuality are, or are to be, a subject for consideration by the Law Reform Commission.

8.

andMrs. Desmond asked the Taoiseach if it is intended to extend the brief given to the Law Reform Commission to permit it to review the law relating to divorce.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 6, 7 and 8 together. I would refer the Deputies to the First Programme of Law Reform and to the First Report of the Law Reform Commission which were laid before the Houses on 4 January 1977 and 13 March 1978, respectively. At the moment, it is not proposed to refer additional matters to the commission.

Is it not a fact on the issues referred to in Question No. 7 that the laws of our country in relation to these subjects compared to those of western Europe are both illiberal and unjust? In these circumstances, if we are to become full partners in Europe, should we not now make some attempt as a matter of urgency to bring our laws into line with western usage in this regard?

That is a point of view.

And the Taoiseach proposes to stand idly by, at which he is an expert and has been expert for the whole 30 years of his political life. I have watched him every single year since that time.

I have made some progress in 30 years.

There are 100,000 people unemployed.

In relation to Question No. 8, why is the Law Reform Commission precluded as of now from discussing the question of divorce?

There is a simple answer—it is a very political matter.

Is that the sum total of the assessment as to why it is not within the ambit of the Law Reform Committee?

They have been given the task of examining the question of nullity. That was by the Government which the Deputy supported.

Would the Taoiseach seriously consider extending the brief of the Law Reform Commission, an eminently capable and rather competent body, to permit them to include not only the question of nullity but also the question of divorce? Surely the Taoiseach will not lose a night's sleep on that.

I should like to see the Law Reform Commission producing results on what is before them.

Is the Taoiseach not aware that it will be extremely difficult for the Law Reform Commission to produce any coherent constitutional legislation pertaining to this urgent matter if they are merely confined to the question, or non-question in my opinion, of nullity?

We are getting into argument now and we cannot have that at Question Time. Question No. 9.

Is it not a fact that one of the recommendations of the Law Reform Commission was in respect of wandering horses? In the circumstances of so many of our laws, would the Taoiseach not recommend that the Law Reform Commission should establish a list of priorities in relation to the urgency of laws which should be considered by them?

This is a matter of argument. Question No. 9.

That is a rather cynical reference to the law on wandering horses. The Law Reform Commission have reported on many other topics as well and the report to which the Deputy referred in regard to wandering horses is entitled "Civil Liability for Animals".

Are not the matters referred to in my question more important?

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