Vol. 463 No. 3
29 Mr. O'Malley asked the Minister for Equality and Law Reform when he will be in a position to publish the Divorce Legislation; and if this legislation will be similar to the format already published before the Divorce Referendum. [6415/96]
151 Mr. Callely asked the Minister for Equality and Law Reform the current position regarding the Family Law (Divorce) Bill; and if he will make a statement on the matter. [6300/96]
I propose to take Questions Nos. 29 and 151 together.
It has been the Government's stated intention for some time that it will make arrangements for the publication of the Family Law (Divorce) Bill with all possible speed when it is in a position to do so. However, as Deputies are aware as of now the result of the November 1995 referendum is still the subject of challenge before the courts and, pending the determination of that challenge. I cannot go further than I have already done in pinpointing the precise timescale of the legislation.
I can confirm that any legislation will be similar to the format already published before the divorce referendum in the Government's referendum information publication entitled "The Right to Remarry". The draft Bill contained therein is very detailed and comprehensive and includes the grounds for divorce as voted on by the people in the referendum and provisions in relation to the support of spouses and children, custody, property, succession, pensions, court jurisdiction and procedures.
I thank the Minister for the information he has given the House about the format of the legislation. Is he in a position to say how soon after what we presume will be a positive result in the appeal before the courts the legislation will be brought before the House?
It is my intention to bring the Bill to Government at the earliest possible date after the matter is disposed of by the courts, assuming that the decision of the High Court is affirmed, and to introduce the Bill in the House at the earliest possible date thereafter. Subject to clearance by the courts, I am anxious, and regard it as important, to enact the legislation into law at the earliest possible date given that the referendum was passed by the electorate as far back as November. I will look for, and know I will receive, the co-operation of Deputies on both sides of the House in achieving this objective.
When will the court proceedings be completed and when will the Bill be brought before the House? I am happy the Minister confirmed that the legislation will be similar to the format published before the divorce referendum as other issues raised and other commitments given prior to the campaign will also have to be taken into consideration during the debate in the House. I am sure the Minister recalls the commitment given by the Taoiseach to provide special protection for children, such as the appointment of a commissioner for children or the setting up of a system to ensure that children's interests are properly looked after. We would expect any legislation to be similar to the format published before the divorce referendum.
Obviously, the legislation will have to be in that form as this was the commitment given to the electorate before the referendum; the legislation was published in that form so that people would know what precisely they were voting on. The legislation should not go beyond the issue of divorce and some ancillary matters may have to be dealt with in separate legislation. I am not saying that particular matters may arise but the Bill was specifically published before the referendum and this will have to stand.
On the question of the timescale, the Supreme Court has fixed 29 April for the hearing of the appeal which could take two or three days — I am speculating here — and I imagine that the Supreme Court would reserve judgment on it. I cannot say how long it will take to deliver the judgment but I hope it will be delivered reasonably quickly after the hearing having regard to the lapse of time since the referendum. When the issue is cleared by the Supreme Court, and assuming it affirms the High Court decision, I will bring the Bill to Government immediately and introduce it in the House a few weeks later.
I know Deputies of all parties will wish to join with me in expressing sincere congratulations to the Minister on his excellent work during the divorce campaign. As chairman of the Labour Party parliamentary party, I wish to say we are proud of his efforts in this area and wish him every success in dealing with this matter.
