I move:—
That, in the opinion of the Dáil, the object intended by the Dáil in the resolution of the 11th February, 1925, would not be achieved by the resolution adopted by the Seanad on the 12th June, 1925, and that a message to this effect be sent to the Seanad.
I might, perhaps, refer to portion of the statement which I made when introducing the original motion as showing the necessity for these Standing Orders. I am quoting from columns 157 and 158 of the Reports of 11th February. I stated:—
At the present time there are no Standing Orders in the Saorstát relating to matrimonial matters. This does not prevent the introduction of Private Bills dealing with such matters. On the contrary, it leaves it open to persons to introduce such Bills without complying with the formalities and safeguards which such Standing Orders would require. It is, therefore, essential that Standing Orders on this subject should be prepared. In order to enable the Joint Committee satisfactorily to prepare the necessary Standing Orders, it is necessary that the House should come to a decision on the question of divorce a vinculo matrimonii. On this subject there are different points of view, but I have no doubt but that I am right in saying that the majority of people of this country regard the bond of marriage as a sacramental bond which is incapable of being dissolved. I personally hold this view. I consider that the whole fabric of our social organisation is based upon the sanctity of the marriage bond and that anything that tends to weaken the binding efficacy of that bond to that extent strikes at the root of our social life. For these reasons I move the motion in the form in which it appears upon the Orders of the Day.
It may be that in the future, and possibly the near future, legislation may be introduced to confer upon the Courts jurisdiction when granting decrees of divorce a mensa et thoro, to make provision for the children of the marriage and in respect of property. Such legislation would probably have the effect of relieving the Oireachtas of all matrimonial business, but it would not obviate the necessity for some Standing Orders to provide for cases in which such decrees are given from the date of the establishment of the Saorstát down to the date when such legislation may come into effect.
The resolution adopted by the Dáil contemplated that the Standing Orders to be drawn up would prevent the introduction of Bills of divorce a vinculo matrimonii. The Seanad, on the other hand, in the message which has just been read, propose that the Standing Orders will prevent Bills of this nature from being deemed to have been introduced under Standing Order 55, and will provide that such Bills must be read a first time in each House before they are further proceeded with in the Seanad. I do not think the object of the Dáil would be achieved by the adoption of the suggestion of the Seanad, nor do I consider that suggestion a suitable alternative for the proposal put forward by the Dáil.
The matter is one of outstanding importance, and should be dealt with logically. Standing Orders constitute the machinery by which the Houses operate in considering and dealing with legislative proposals. They are a means to an end, and their form must be determined by the end in view. It therefore becomes essential at the outset to consider whether or not divorce a vinculo matrimonii will be granted in this State. Until that question has been settled you cannot properly determine the question as to the form of your Standing Orders.
I am not in a position to speak for the Seanad, but I think I can speak for this House and for the vast majority of the citizens of this country. Their attitude is expressed in the resolution passed by this House on the 11th February, and nothing has happened since to change my view that facilities for divorce a vinculo matrimonii would not and ought not to be granted. If the House is in agreement with me on the foregoing, I would ask it to approach the question of Standing Orders from that point of view. If it is not intended to grant divorce, surely the proper form of Standing Order is one which will prevent the introduction of such Bills.
There are at least two objections, I think serious objections, to the alternative course suggested by the Seanad. It proposes to make provision for such Bills, and to that extent implies that the Bills may be dealt with and relief granted. This will undoubtedly encourage persons to promote such Bills and to incur considerable expense in so doing. It seems to me to be wrong to encourage or countenance such expense if there is no intention of granting relief, and this is the first ground on which I think this House should refuse to accept the suggestion put forward by the Seanad.
The second objection is more serious. Under the Standing Orders contemplated by the Seanad a Bill for divorce a vinculo matrimonii may be introduced in either House. Having failed to deal with Bills of this nature on principle, the Houses will be forced to deal with them individually. This will or may involve the discussion and consideration of the particular facts of each individual case with all its unsavoury details. I do not suggest that the House should refuse to consider or discuss any subject, however unsavoury, when the occasion really demands it. I do, however, suggest that to do so when there is no intention of granting relief would be an unjustifiable waste of public time, and would serve no useful purpose either in the Oireachtas or in the country.
I desire to say just one word as to the nature and effect of Standing Orders. I have already referred to them as part of the machinery of legislation. They are rules of procedure which may be changed at any time by simple resolution. It has been alleged that the Seanad proposal has the advantage that if in the future a complete change should come over the country, and both Houses, by a majority, were prepared to deal with and pass Bills of divorce, their powers to deal with them would not have been prevented. It is only necessary to consider the matter for a moment to see that there is no substance in this argument. If in the future both Houses of the Oireachtas are prepared to pass such Bills, I do not apprehend that they will have much difficulty in changing the Standing Orders for the purpose. A simple resolution passed by both Houses is all that is necessary.
