Enda Kenny
Question:4 Mr. E. Kenny asked the Minister for Equality and Law Reform the legislation it is intended to enact prior to the holding of a divorce referendum.
Ceisteanna—Questions. Oral Answers. - Divorce Referendum.
Desmond J. O'Malley
Question:18 Mr. O'Malley asked the Minister for Equality and Law Reform if he intends to initiate an information and awareness campaign in advance of the holding of a constitutional referendum on divorce; and if he will make a statement on the matter.
Jim O'Keeffe
Question:25 Mr. J. O'Keeffe asked the Minister for Equality and Law Reform whether it is proposed to produce a White Paper on divorce; and, if so, when.
I propose to take Questions Nos. 4, 18 and 24 together.
In line with the Government's Programme for a Partnership Government I am engaged in a process of initiation of a series of reforms of family law which will culminate in the holding of a referendum on divorce in 1994. The Government's programme does not envisage another White Paper on the subject. I think it is generally agreed that the White Paper on Marital Breakdown has contributed greatly to the level of information and awareness of the many legislative, administrative and social issues involved in marital breakdown, including divorce. I am availing myself of every opportunity to further improve the level of information and awareness but I am also taking necessary legislative and other action to implement family law reforms on most of the outstanding issues. The full range of legislative proposals which I intend to introduce in advance of the referendum was outlined in my reply to questions on 1 June 1993.
Implementation of the programme of reform is well underway. The Matrimonial Home Bill, which I initiated, is before the House and Deputies will have the opportunity of discussing that Bill tomorrow when the Second Stage is due to be taken. The Bill is an important measure in its own right, but it also represents a major step in the run-up to the referendum on divorce.
Earlier this year, I also initiated a Bill which enables Ireland to ratify two international conventions dealing with the recognition and enforcement of court judgments including maintenance orders. That Bill has now been enacted. The other important family law legislation is at various stages of preparation and I intend to have those measures in place by the time of the referendum.
I can assure the House that when the Government decides, in due course, on the form the divorce referendum proposal should take it will indeed initiate an information campaign on the proposal and all related issues and, as I said also in reply to questions on 1 June 1993, I will be publishing, in advance of the referendum, the details of the legislative proposals on divorce that will be introduced in the event of a positive referendum outcome. Those details will cover important matters such as the powers of the court in relation to custody of children, maintenance, pension and succession rights and property generally.
I look forward to the support of the House on the various measures I am bringing forward and I have no doubt that all Deputies will play their part in informing constituents and the public generally about those measures.
I thank the Minister for outlining the steps he intends to take in the lead up to the proposed referendum on divorce. However, I hope that the Matrimonial Home Bill which will be given a Second Reading tomorrow and which has taken ten years to get this far, will be given adequate time, particularly on Committee Stage. Will the Minister confirm that it is the Government's intention to hold the proposed referendum on divorce on the same date as the European elections in 1994? Does he expect to have the full support of all members of the Government parties in regard to the proposals he intends to put to the people at that time?
The Deputy is correct in saying that the Matrimonial Home Bill has been in gestation for many years. However, during my occupancy of a ministerial position it has taken only five months to have it published. It is a major step forward and a critical building block on the road to the divorce referendum.
The Government has not yet taken a decision about the date of the referendum. The Programme for Government provides that it will be held in 1994 and it would be my intention to ask the Government to have it on a date as early as possible in 1994 on the assumption that we will be able to get all the necessary preparatory legislation in place. In regard to the Deputy's final supplementary, I can assure him that the Programme for Government provides for the referendum on divorce. That will be agreed to by the Government and the proposals will be put at the appropriate time.
If the programme of legislation that the Minister has outlined is to be dealt with by the House in good time for a proper information campaign to be presented to the people, a great deal of work will have to be done in the autumn session this year and again in the spring session of 1994. Am I to assume that the Government intends to have European elections, urban elections and by-elections on one day and a divorce referendum at a separate time? Further, is the Minister absolutely confident that in presenting proposals to the people there will be absolute clarity in regard to matters of property which caused much confusion and anxiety in many households when the people were last asked to decide on the question of divorce? May I have an assurance from the Minister that there will be absolute clarity in respect of property rights before the people are next asked to decide?
The fullest possible clarification of all aspects of the divorce regimen, including property rights, will be provided. It will be made clear to the people before they go to the referendum what the divorce regimen will be if the result of the referendum is positive. I agree that it is important that that be widely understood. All Deputies will have a major responsibility in that regard, and I know that they will row in with it. The Deputy has been very pressing in regard to dates but, with the best will in the world, the Government is not in a position to fix any date yet. All I can say is that it is the intention to have the referendum as soon as possible in 1994.