Vol. 459 No. 4
12 Dr. Woods asked the Minister for Equality and Law Reform the progress, if any, he has made in developing proposals to implement the measures set out in Fianna Fáil's five year strategic action plan of which he generally approved in view of the fact that the plan was proposed to address and provide solutions for the downside aspects of marriage breakdown, legal separation or divorce. [18239/95]
14 Ms Keogh asked the Minister for Equality and Law Reform the structures, if any, he intends to put in place to support persons whose marriages are at risk. [18372/95]
20 Dr. Woods asked the Minister for Equality and Law Reform the way in which the integrity of a farm or business can be maintained in the event of a divorce; the extent to which this can be achieved in practice; and if he will make a statement on the matter. [18237/95]
21 Ms Keogh asked the Minister for Equality and Law Reform if he intends to publish a redrafted divorce Bill; if so, if such a Bill will be influenced by the arguments put forward by the anti-divorce lobby; and if he will make a statement on the matter. [18232/95]
26 Mr. Callely asked the Minister for Equality and Law Reform the timescale and procedures for the legislation on divorce; if he will accept submissions from interested parties; and if he will make a statement on the matter. [18119/95]
29 Miss Harney asked the Minister for Equality and Law Reform his views on the outcome of the divorce referendum. [17732/95]
35 Mr. Clohessy asked the Minister for Equality and Law Reform if he intends to publish a redrafted divorce Bill; if so, if such a Bill will be influenced by the arguments put forward by the anti-divorce lobby; and if he will make a statement on the matter. [18233/95]
62 Mr. Callely asked the Minister for Equality and Law Reform his views on the Fianna Fáil policy document on children and the identification of the need for a commissioner for children who would be responsible for highlighting to parents the needs of children in marriage breakdown-divorce situations; and if he will make a statement on the matter. [18120/95]
I propose to take Questions Nos. 12, 14, 20, 21, 26, 29, 35 and 62 together.
I am naturally pleased that, in the referendum of 24 November last, the people voted in favour of the proposal that those who experience the trauma of marriage breakdown should have the right to divorce and remarry within this jurisdiction.
Those of us who have the good fortune to be in happy marriages can only guess at the feelings of separated people who wish to have ended a marriage that is well and truly dead and, in some cases, have legal status given to a second relationship which has, until now, been denied recognition within our society.
There were many who assisted in the realisation of this result, both in this House and outside it, and I want to take the opportunity to thank them for their efforts. Leaders on all sides of the House showed the courage to seek to shape public opinion and argue the case for a more inclusive society. Throughout the country, individuals and groups campaigned passionately for change and gave freely of their time in so doing. By our combined efforts, we ensured that there were few in this country who remained indifferent to the issues and, when polling day arrived, people were very conscious that each individual vote mattered and was of significance.
I take this opportunity to say my belief that the result vindicated the Government's approach in putting before the people a proposal which enshrined in the Constitution the conditions upon which a divorce would be granted. For many, this was the necessary safeguard which enabled them to vote yes since they could be sure that the fundamental law governing divorce could be changed only if the people willed it.
I intend to advance the Family Law (Divorce) Bill with all possible speed although, as Deputies will appreciate, the fact that the referendum result is now the subject of a legal challenge may impact upon my intended timetable. While I acknowledge the right of individuals to institute such a challenge, it raises the possibility of a period of uncertainty before it is clearly determined whether the Government can go ahead and introduce the legislation which is a necessary prelude to the introduction of divorce here. It would be improper of me to comment further on this matter but it is my strong hope that the referendum result will stand.
The concerns of those who voted no in the referendum will not be ignored. In many cases, their vote reflected deeply-rooted fears about the effect divorce would have on family life and worry about the likely financial position of vulnerable spouses and children. I hope the legislation which the Government is committed to introducing will serve to allay some of those fears and worries. In that context, I would of course be happy to consider any submissions interested parties might wish to make on matters related to that legislation.
I would also like to emphasise again the commitment of this Government to support both marriage and the family. A Commission on the Family was appointed in October last to make recommendations on how families can best be facilitated in the support and development of their individual members and that commission has been asked to make its final report to the Government by June 1997. Its conclusions will help us to deal with the needs of families in a rapidly changing social and economic environment.
With regard to the five year strategic action plan proposed by Fianna Fáil, I am not in a position to go beyond what I have already said in this House in reply to questions on 25 October last, namely, that its recommendations will be examined carefully within my Department. However, many aspects of the plan are already in the course of implementation. For example, significant improvements have been made in counselling and mediation services in recent years. My main concern is to ensure that the welfare of spouses and children caught up in marriage breakdown is protected and it may well be that our focus should be on developing existing structures rather than on embracing rather sweeping plans which, in essence, turn out to be little more than old ideas dressed up in new clothing.
Deputy Woods also asks how the integrity of a farm or business can be maintained in the event of divorce and how this will operate in practice. I can only say that the provisions intended to govern this matter are contained in the draft Family Law (Divorce) Bill and these are substantially the same as those which now apply in the case of judicial separation. The courts have a wide range of options at their disposal when it comes to regulating these matters and I would not propose to interfere with their broad discretion in this area.
I thank the Minister for his extensive reply which covered many of the current issues. Those who voted in the referendum want an action plan to support families, irrespective of the outcome of the court case. The Minister would like to assume that the people have spoken and that their decision stands, but it is important to produce a plan of action to be implemented immediately to provide support for families along the lines suggested earlier. It should provide, for example, for the appointment of a commissioner for children to be attached to the courts and additional family court judges. The Minister failed to mention that an additional 17 judges are being appointed. Will he, at least, give an assurance that actions such as these will be taken immediately and that the matter will not be put on the long finger?
I was slightly concerned when the Minister mentioned the provision of support for the family in the context of the conclusions of the Commission on the Family which is due to report by June 1997 at the latest. A great deal of water will flow under the bridge in the meantime. While I am sure that will be an excellent and valuable report there is a need to take the actions which we know are necessary and may be taken in the meantime.
Every possible action will be taken to support the family. The important steps which have been taken will be underpinned and strengthened. These include the extension of marriage counselling and mediation services, free legal aid, social welfare supports and the appointment of additional judges the legislation for which is being drafted. The final report of the Law Reform Commission in connection with family courts is due for publication shortly and will receive the urgent attention of the Government as soon as it is published.
The proposal that a commissioner for children should be appointed is being examined in the Department and will be considered if it is found to be a useful additional weapon in the interests of children.
I congratulate the Minister on the hard work he did to ensure a successful conclusion to the referendum campaign. Does he agree that there are many lessons to be learned the first of which, highlighted by the campaign waged against it, is that there was a dearth of information? This allowed those campaigning for a "no" vote to disseminate misinformation. This matter needs to be considered immediately to ensure the public is made aware of the services available through the Civil Legal Aid Board and the provisions of the Judicial Separation and Family Law Reform Act. I hope the Domestic Violence Bill will be passed by the Seanad before Christmas. What plans does the Minister have to extend the counselling and mediation services currently available? It is not appropriate to await the conclusions of the Commission on the Family which is not due to report until June 1997.
There is no question of the Government awaiting the report of the Commission on the Family. It did not await the establishment of the commission, it has been working for the past year, and its predecessor for the previous two, to make major improvements in all areas to provide support for the family. These include the extension of marriage counselling services, the funding for which was substantially increased in the past three years enabling the marriage counselling agencies to institute new programmes, particularly in the area of pre-marriage counselling, and extend their services throughout the country. ACCORD in particular is doing remarkable work nationally with the aid of increased funding made available by the Government and its predecessor. The same applies in the case of mediation and free legal aid services. This work is ongoing and will be strengthened in every possible way.
I agree with Deputy Keogh that there are lessons to be learned from the referendum campaign. The first lesson that the Deputy and her party may have learned is that it was important to write the conditions into the Constitution. That was universally regarded as a key and important matter during the course of the campaign.
The question of information has to be addressed with great care. The Government did its utmost to disseminate information in every way possible. Some aspects are now the subject of a legal challenge. Although the overwhelming bulk of the material circulated provided information about judicial separation, counselling and mediation services and all aspects of family law, there is always a demand for more information and every way open to the Government to disseminate it will be used.
