Dáil Éireann díospóireacht -
Wednesday, 17 Feb 1999

Vol. 500 No. 5

Ceisteanna–Questions. - Divorce Statistics.

Pat Rabbitte

Ceist:

2 Mr. Rabbitte asked the Taoiseach the progress, if any, made since September 1998 to compile and publish statistics on divorce in Ireland to an international standard; his views on the statement of the National Statistics Board in its Strategy for Statistics 1998-2002 that it finds the current situation regarding the compilation of statistics on divorce to be unsatisfactory; whether, in this regard, administrative difficulties between the courts and the Central Statistics Office alluded to by the board in its strategy statement have been resolved; his further views on whether it is necessary to amend the Statistics Act, 1993, to have the matters at issue resolved conclusively through arrangements between the CSO and the courts being put on a statutory footing; when statistics on divorce compiled to an international standard may be expected to be published; his further views on the statement of the National Statistics Board that there is a very important point of principle involved on this issue; and if he will make a statement on the matter. [1841/99]

Mr. S. Brennan

The Department of Justice, Equality and Law Reform provides quarterly and annual divorce statistics as classified by the Circuit Court office to the Central Statistics Office. These statistics are a count of divorce applications and divorces granted. They do not, however, provide information on the social aspects of divorce sought by the CSO. The compilation of court statistics must have due regard for the confidentiality of family law cases and any arrangements to extend the scope of such statistics will have to fully respect such confidentiality.

I have noted carefully the concerns of the National Statistics Board and I am in contact with the Minister for Social, Community and Family Affairs and the Minister for Justice, Equality and Law Reform regarding the improvement of divorce statistics in the context of the modernisation of the General Register Office and of the establishment of the new Courts Service Board. Further consultation is envisaged in the near future.

An amendment to the Statistics Act, 1993 would only be warranted in the context of a comprehensive solution involving the full consideration of all the issues involved, including the implications for the court statistics and the registration of vital statistics systems.

Mr. Rabbitte

That is an entirely inadequate reply. Will the Minister of State address the concerns expressed in the report by the National Statistics Board concerning the recording of divorce statistics? The report states it is entirely unsatisfactory that the lack of co-operation between the CSO and the courts means we do not have reliable divorce statistics.

Mr. S. Brennan

I am concerned about this matter. We need accurate divorce statistics to plan social policy. The CSO has to compile those statistics with some qualitative analysis of the length of marriage and so on.

The situation seems to be that the Courts Service Board will review the quality and detail of all statistics produced by the courts when it comes into operation. It may decide to produce more detailed information. In the year ending July 1998, 2,722 divorce applications were received and 1,431 divorces were granted.

The Deputy is correct in stating that the CSO is anxious to produce more information on this matter. The present information comes from the courts. The courts and the Department are protective of the confidentiality of family law issues and, therefore, the information is not being transmitted other than in a factual sense about the number of applications received and granted.

An important meeting will take place on 26 February convened by the Department of the Taoiseach which will be attended by the various persons and agencies involved. It is a meeting of officials from the Departments of Social, Community and Family Affairs and Justice, Equality and Law Reform and the CSO. The CSO must have qualitative divorce statistics for social planning.

Mr. Rabbitte

I agree with the Minister of State. However, will he indicate what steps he is taking to address the inadequate situation? Will he explain how issues of privacy relating to family law affect the compilation of statistics? Why can the courts not supply the requisite statistical data? No one is looking for names or personal case histories. Why is the Minister of State ruling out an amendment to the Statistics Act, 1993? The only inference which can be taken from this report is that there ought to be such an amendment to put arrangements between the courts and the CSO on a proper structural basis.

Mr. S. Brennan

The CSO sought to include a provision in the Divorce Act, 1996, to enable it receive statistical returns on individual divorces. The Government sought to have the rules of court introduced to enable the courts to supply detailed information on a voluntary basis. Both of these attempts by the last Government were unsuccessful because of issues relating to protecting the confidentiality of information on individual divorces.

This is new territory for Ireland and we are beginning to make our way through it. Confidentiality was cited in 1996 as the reason for not including such a provision in the Divorce Act. Presumably the same reason is now proffered by the Department of Justice, Equality and Law Reform and the courts. I would imagine that that is still the case but I cannot confirm it. If one published statistics on the first six cases, half the country could probably name those involved. The divorce figures are now at 2,722 so that may also be an issue.

When I became responsible for this area I wrote to the Minister for Social, Community and Family Affairs on 20 November 1998 asking him to consider establishing a divorce register in the context of modernising the General Register Office. We are still pursuing that matter. I understand heads of a Bill to modernise the General Register Office will be brought to Government in late 1999. I will then pursue the possible inclusion of a divorce register in that Bill.

I also wrote to the Minister for Justice, Equality and Law Reform on 4 February requesting the issue of more comprehensive divorce statistics to be examined in the context of his review of the establishment of a Courts Service Board. It may be possible to improve the flow of statistics in the context of the courts services board or the General Register Office. A meeting has been called for 26 February with the Department of Justice, Equality and Law Reform, the Department of Social, Community and Family Affairs, the Central Statistics Office and representatives from the Office of the Taoiseach to try to progress the matter.