Deputy Michael O'Leary moved on 30 October that leave be given to introduce a Bill and the motion was opposed by Deputy Willie O'Brien. In accordance with Standing Orders the Chair will permit an explanatory statement from Deputy O'Leary not exceeding five minutes and a statement from Deputy O'Brien not exceeding five minutes.
Private Members' Business. - Marriage Bill, 1985: First Stage (Resumed).
Question again proposed:
That leave be granted to introduce a Bill entitled an Act to establish a National Marriage Advisory Council and to provide for the more effective prevention and resolution of matrimonial disharmony and to provide pursuant to the Tenth Amendment of the Constitution, in limited circumstances, for the grant of orders of dissolution of marriage and to provide for determination of the rights and obligations of parties to marriages in respect of which separation orders or dissolution orders are made.
All previous attempts made in Dáil Éireann on the matter of providing divorce legislation have been directed simply to the removal of the prohibition against the dissolution of marriage clause in our Constitution by means of a referendum. It evidences a belief I hold that the advocate of reform in this area must discharge the onus of setting out in as detailed a manner as possible the circumstances in which divorce should apply.
Included in the 65 sections of the Bill are the following proposals: the establishment of a national marriage advisory council to foster family life and to educate the public and conduct research into marriage breakdown; a complete reform of separation law; giving the court the right to grant dissolution of marriage orders on a no fault basis where the parties have been living apart for five years — or two if both consent — and reconciliation has failed; protecting the children in families involved in dispute by legal safeguards including the right to separate legal representation when necessary and the appointment of court family welfare officers. No comparable Bill exists at present.
In my view discussion of proposals which address merely the hurdle represented by the constitutional prohibition on divorce as expressed in section 43 is discussion in a vacuum.
When last April, I stated the grounds for the initiative which brings me here tonight I thought it appropriate that I should appeal for support across party lines which is why I deliberately eschewed referring the measures formally to the Fine Gael Parliamentary Party meeting. I thought then as I do now that the party whip system should not apply to legislation in this area. I also considered that my prospects of obtaining a free vote would be enhanced by such a course. In my view it diminishes the stature of this national Assembly that the intrusion of the party whip and the discipline which accompanies it should be used to deprive Deputies of the initiative of their primary role as legislators.
Hear, hear.
There has been sufficient indulgence in amateur psychoanalysis of my motive in introducing these measures. Is it not sufficient to recognise that a real social problem exists in our country as experienced by the 70,000 people forced to live outside the law with their families? Is there not sufficient challenge in this alone for a Member of this House to conclude that it was time to make a legislative response? I thought so in 1981, and earlier. I held that opinion when Tánaiste and gave an undertaking that legislative action would follow in the 22nd Dáil. How long are these people expected to wait?
The meaningless ritual of party drum-beating or empty point scoring is no longer seen by the people as an adequate response to their economic and social problems. Many people outside this House hold our deliberations in low esteem. The old ivy of party convention chokes any legislative vitality remaining in this assembly.
In April of this year I set out to plough the furrow that would be non party in the area of divorce legislation. I indicated in a speech the steps I intended to take as soon as these Bills were ready. I wrote to every Member of this House, on the 2nd of last month, seeking support, enclosing the Bills with explanatory memoranda, and indicating the Standing Order I would utilise in coming before the House.
If I failed in my effort to cross the party divide to obtain support for these measures it will only be because the party conventions are too strong. The culture of this House has proved too resistant to this attempt to break down party divisions in a legislative area where none should exist.
I believe there are areas where progress is hampered and not assisted because of the literal application of party separateness. I think people are impatient with the empty posturing of our adversarial system and the conscription of Deputies into the trench warfare of our weekly votes. In the parliamentary democratic system we must easily hold the prize for being the most slavish imitator of the Westminister Parliament in every respect except the freedom of the Private Member.
I have no doubt that without the imposition of the system of party whips a measure along the lines I am proposing would be assured of a majority in the House. Despite their fate tonight I am confident that at some time in the future measures along the lines I have proposed will meet with approval. It is a matter of regret also that the Leader of the Opposition who leads the largest party in the State should judge this legislation, and the problems it seeks to redress, to be of such little import as to afford no more than another opportunity of partisan opposition.
We do not have to oppose it. It is the Deputy's colleagues over there who are opposing it.
It is not my intention to discuss the merits or demerits of either of the Bills. I should like to place on record the fact that I am opposing the Bill precisely for the same reason that I opposed the last Bill, I feel it would pre-empt the report of the Committee on Marriage Breakdown in which I have a deep interest.
Despite what was said in the past?
Question put.
Vótáil.
The Question is: "That leave be given to introduce the Bill." On that question a division has been challenged. Will the Deputies claiming a division please rise in their places?
Deputies M. O'Leary, Gregory-Independent, De Rossa and Mac Giolla rose.
In accordance with Standing Orders, as fewer than ten Deputies have risen in support of the claim for a division, I declare the motion defeated. The names of those claiming a division will appear in the Journal of the Proceedings of the Dáil.