Vol. 443 No. 1
12 Ms Keogh asked the Minister for Equality and Law Reform in view of recent reports that a divorce referendum is unlikely in 1994, if he will say when the referendum is likely to take place; and if he will make a statement on the matter.
20 Ms McManus asked the Minister for Equality and Law Reform his response to the comments made by the Archbishop of Dublin, Dr. Desmond Connell, on 15 May 1994, regarding the introduction of divorce; the progress made to date in implementing the proposals contained in the White Paper on Marital Breakdown published in September 1992; and if he will make a statement on the matter.
30 Mr. J. Bruton asked the Minister for Equality and Law Reform the steps, if any, he is taking to ensure that the Irish and English language versions of promised constitutional amendments to be put to the people in forthcoming referenda will be entirely consistent in their translations and interpretation; and if he will make a statement on the matter.
34 Mr. Clohessy asked the Minister for Equality and Law Reform the response, if any, he has to recent statements by the Archbishop of Dublin, Dr. Desmond Connell, denouncing divorce as anti-social; his views on these statements; and if he will make a statement on the matter.
I propose to take Questions Nos. 12, 20, 30 and 34 together.
The Government's programme of family law measures, which takes into account, among other matters, the White Paper on Marital Breakdown is well advanced. The Family Law Bill, 1994, is awaiting Report Stage in the House, having been dealt with by the Select Committee on Legislation and Security. That Bill deals with a wide range of matters, including age of marriage, notice of marriage, as well as financial powers of the court to provide for all situations of marital breakdown, short of domestic divorce. A new maintenance Bill to facilitate the recovery of maintenance on an international scale will be published in the next few weeks.
A Bill to put the legal aid scheme on a statutory footing is at an advanced stage of drafting. As part also of the Government's programme, a Bill to amend and extend the provisions of the law regarding protection of persons from domestic violence is in the course of being drafted.
My Department is, at present, examining proposals for legislation to provide simplified arrangements for voluntary conveyances of family homes to joint ownership. The aim of such provision would be to enable couples to give full and effective recognition to the contributions made by the spouse who works in the home.
Substantial additional funding has been provided in my Department's Estimates for 1994 for the development and expansion of legal aid, mediation and marriage counselling.
The Government's decision on the timing of the referendum will take into account, among other matters, progress made with the Government's programme of family law measures. It is the Government's intention to proceed with implementation of its programme as quickly as possible and to ensure that by the time of the referendum, the outstanding issue to be put to the people will be whether those whose marriages have ended in all but name should have the right to remarry.
The Government's decision on the timing of the referendum will, if necessary, take into account the outcome of the decision of the court on the case that is pending concerning provisions in the Judicial Separation and Family Law Reform Act, 1989.
The text of the Bill containing the referendum proposal on divorce will, as in the case of previous referendum proposals, be initiated in the Irish and English language and every care will be taken, with the assistance of the translation branch, to ensure, prior to publication of the Bill, that the texts are consistent with one another.
I have noted the recent press reports of statements made by Archbishop Desmond Connell. While I disagree with what he said about the effects which divorce will have on society I respect the fact that he is fully entitled to express his views on the matter.
The Minister is telling us he has no idea when the proposed divorce referendum will take place. He informed us initially that it was proposed to hold it with the European elections in June and later that it would be held next October. Now we do not know if it will be held next year, which is regrettable. We have a fiasco in terms of family law and a lack of credibility in the Minister. He should agree that women in particular have expressed deep concern. While I am conscious of the list of legislation the Minister outlined this afternoon his handling of this affair——
I want to help the Deputy to elicit information but we must proceed by way of supplementary question, devoid of statements.
It is unfortunate but I am required to state my feelings on this matter. However, in deference to you——
This is Question Time, Deputy.
Why did the Minister not think it was appropriate to comment on Archbishop Connell's statement and is it his intention to allow both sides in the divorce campaign to avail of the money's which will be available?
That should be adequate, Deputy; we are dealing with priority questions and there are two questions remaining. Time is against us.
That was an interesting speech but the Deputy did not ask any particular question.
There were two questions.
The Government is anxious to proceed with the divorce referendum at the earliest possible date. It is progressing its programme of family law reform legislation. I have outlined a multifarious list of necessary items which are proceeding apace and at various stages in the House. As the Deputy and the House are aware, a challenge is pending in the High Court to the Judicial Separation and Family Law Reform Act, 1989, and the divorce legislation is bound up with it. It would not be possible to proceed with the referendum until this challenge has been disposed of. I heard within the past few hours that the High Court has fixed 6-8 July for the hearing of that challenge. We must await the outcome before we can consider the matter. The intention is to proceed with the referendum with all possible speed taking all factors into account.
Archbishop Desmond Connell, like any other person, is entitled to make statements. I disagree with what he had to say and will continue to make my position clear during the debate.
Given that the Minister is allegedly driving the referendum on divorce and has said, rightly, that he is firmly in favour of it, does he agree it would be appropriate for him — when a public statement is made — to reply? Does he also agree that if he is to show leadership it is not good enough to reply to questions at Question Time, he should adopt a proactive role in responding to such statements? The Minister did not reply to my question——
The Deputy has been given some latitude in dealing with this question; let us have finality.
——relating to the expenditure of public money during the divorce campaign. Will he give us the benefit of his wisdom?
As you pointed out, a Cheann Comhairle, that is a separate question. I take my responsibilities in this matter seriously and I do not need guidance on how I should handle the matter or on what comments or statements I should reply to and when. I will continue to make comments and statements in the appropriate way at the right time. It will be open to any person who wishes to enter the debate at any time to do likewise. I have made my position clear as have the Government. It is committed to putting the issue of divorce before the people in a referendum. We had hoped to hold a referendum in 1994 but this may not be possible in view of the High Court challenge. It will be put before the people for their decision at the earliest possible date. The Government supports the concept that the total ban on divorce should be removed from the Constitution and will be recommending a "yes" vote. There will be a debate in due course and I will be an active participant. I trust that Deputy Keogh and others will be strong advocates when the time comes.
