Vol. 459 No. 4
30 Mr. Callely asked the Minister for Equality and Law Reform his approach and understanding of Church annulments of marriage; the position regarding State nullity; the need to address the difficulties that arise; and if he will make a statement on the matter. [17601/95]
I should like to make it plain to the Deputy that I regard the philosophy which informs the granting of church annulments as a matter peculiarly within the competence of the church authorities. They have no validity in civil law and I do not intend to comment further on this matter.
With regard to the civil law of nullity, the principles which are pertinent to this area of the law have been developed and extended by the courts in recent years and may be regarded as well settled at this stage. While the question of statutory intervention often arises where the legal principles on such an important matter are largely the result of judicial decision-making, I have an open mind as to whether such intervention is either necessary or desirable in this particular case.
I would emphasise, however, that the question of whether the parties to a marriage which is annulled by the courts should be in a position to apply to those courts for maintenance and other orders in support of their welfare, including orders in relation to the home, would require specific legislation which, in view of the constitutional complexity which surrounds this issue, would require very careful consideration indeed.
