asked the Taoiseach if it is his intention to hold discussions with representatives of the Churches regarding the possibility of removing the constitutional ban on divorce and introducing divorce legislation; when any such discussions are likely to be held; the purpose of any such discussions; if he intends to consult with any other groups or organisations on this matter; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Divorce Discussions.
1.
I have written to the principal Churches, namely, the Roman Catholic, Church of Ireland, Presbyterian, Methodist, the Jewish Congregation and the Society of Friends, proposing consultations during March on action to be taken on the range of matters arising from the report of the Oireachtas Joint Committee on Marriage Breakdown. It is my intention, following these consultations, to bring proposals to Government. The necessity for such consultations is, I believe, self-evident in view of the role of Churches in the solemnisation of marriage. The question of meeting organisations who do not have this function does not arise. All such organisations have already had the opportunity of presenting their views to the joint committee on the issues covered by their terms of reference.
Does the Taoiseach not agree that the opportunity already afforded the Churches, which was taken up by a number of them including the Presbyterian Church of Ireland and the Church of Ireland, was an adequate form of consultation, and that he should now proceed to legislate on the issue of divorce?
I do not agree. Various bodies, including some of the Churches, made submissions to the committee. The all-party committee have now produced a report which made recommendations. A number of these recommendations impinge directly on the question of marriage and others relate to it. The implementation of these recommendations requires consultation with the Churches which are responsible for the solemnisation of marriage in 99 per cent of cases in this country. Such issues as the minimum age of marriage, the possible desirability of providing for a minimal period of notice before marriage, the enforcement of the law in relation to bigamy and possible changes in the laws relating to marriage and possible remarriage in cases where a marriage has irretrievably broken down directly affect Churches which have the responsibility for solemnising a marriage in 99 per cent of cases. It would be quite improper to proceed to change the law in which the Churches are directly involved under the existing common and statutory law without seeking their views on these matters. There are other matters on which their views could be usefully sought, such as counselling of married couples with matrimonial difficulties, the legal grounds for separation a mensa et thoro, and other matters which may be of indirect interest and where the views of the Churches would be useful before proceeding to make decisions involving the implementation of the recommendations in the report.
For the benefit of the Members I would point out that the sound amplification system is not working and perhaps Members would bear that in mind.
Have either the Taoiseach or the Government placed a timescale on the completion of consultations about which he spoke? The Taoiseach referred to a request to the Churches to meet him in March. Could the Taoiseach say whether or not he expects these consultations to be completed in March and what timescale he than proposes for proceeding with legislation arising from those consultations.
I hope to have these consultations during March with a view to reaching conclusions with regard to the implementation of recommendations in the report and to start the process of bringing the proposals to Government as soon as possible after that. That is the clear purpose and intent of the procedures set out.
Question No. 2.
In view of the fact that the views of the Labour Party have been known for a considerable time, would the Taoiseach agree that he has had sufficient time to consult with the Churches in order to afford himself and his party an opportunity to support the Labour Party Bill next week?
I sought advice in respect of the matters to be raised and the issues involved and on receipt of that advice I wrote to the Churches. The procedure of examining the report and seeking advice on the relevant issues and approaching the Churches promptly to seek their views is the correct procedure in a matter that intimately links Church and State. I make a clear distinction between a matter of this kind in which Church and State are so closely involved in the same action of solemnising a marriage and other areas in which the Churches may have views which they wish to give but where it would not be necessarily appropriate for the Government to seek their views before acting in a certain way.