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Dáil Éireann debate -
Wednesday, 26 Jan 1983

Vol. 339 No. 4

Ceisteanna—Questions. Oral Answers. - Referendum on Divorce.

1.

asked the Taoiseach if, in view of the increasing distress caused to families where marriages have broken down irretrievably, he will introduce legislation for a referendum to be held to remove the constitutional prohibition on divorce.

The Government propose that, after consultation with the Opposition, an Oireachtas Committee will be established which will make recommendations on the problems of the protection of marriage under modern conditions and of marriage breakdown and on any legislative or constitutional action that may be required.

I anticipate that the constitutional prohibition on divorce will be considered by the committee, and I hope that it will be possible to get all-party agreement on the establishment and terms of reference of the committee shortly.

In view of the fact that an all-party committee which sat about 15 years ago has already recommended that the prohibition on divorce in the Constitution should be dropped, is it not time for this Dáil to have that constitutional ban done away with so that we may discuss proper legislation to deal with the problem?

This would be amongst the matters which we feel should be considered by this committee whose terms of reference are, of course, a good deal broader than the particular issue the Deputy raised.

Is there any time limit as to when this committee will report?

That is a matter for discussion between the Whips.

I understand that the agreement between the parties who make up the Government stated that it would be dealt with before the end of 1983. Is that still the intention?

That is certainly the intention but it is a matter on which we wish to consult the Opposition and, if possible, to secure their agreement.

Is it the present position that the Taoiseach intends to consult the Opposition about the establishment of the committee and also about the terms of reference?

Yes, that is the position.

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