I move amendment No. 100 :—
In sub-section (1), page 52, to delete paragraph (h).
I was very surprised when I read this particular paragraph. There is a very specific constitutional provision that divorce is not permitted in this country. That is laid down very clearly in the Constitution. I certainly would not like it to appear in the Act in the form in which you could have alimony in an action for divorce.
Deputy Cowan must, I think, know that there is a particular type of case that has to be covered. As I understand it, the Deputy's objection to this provision is that there is no divorce in this country. I do not think that is completely correct. Undoubtedly, the Constitution provides that marriages cannot be dissolved, but there is a type of divorce—divorce � mensa et thoro—which is in accordance with the law of the State. The lawyers on the Committee will know all about that. There are frequently cases of this type before the courts and orders for alimony are made. The purpose of this section is to enable deductions to be made from a soldier’s pay so that he will not be liable to committal to jail as he would be if he were a civilian. Since this is a type of case that exists, the legal advisers have thought it desirable to cover it.
This applies only to divorce actions in this country ?
It deals with legal separations.
In so far as sub-section (h) would deal merely with Irish courts and with the law in Ireland, subject to the Constitution, I would see nothing objectionable in the section ; but if by any chance that paragraph (h) could be extended to enforce a divorce order of a foreign court, which might be a type of divorce that we do not recognise, it would be very objectionable—but I do not think the Minister would enforce it.
No. If it is the word " divorce " the Deputy objects to, we could possibly find some alternative phrase.
Yes, clearly. We have a form of judicial separation which is known as divorce � mensa et thoro. It is not a divorce.
It is a form of divorce.
No.
I know it has not the effects that divorce as it is known elsewhere has.
It is only a separation from bed and board.
If the Minister finds that legally he is tied to that word, would he consider putting in a phrase to restrict it to orders made by an Irish court ?
Would that meet Deputy Cowan's point ?
Yes. I would not like the Bill to be attacked by the canonical authorities in the Dáil.
We will find some way of adjusting it.
