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Select Committee on Legislation and Security díospóireacht -
Tuesday, 16 Jul 1996

SECTION 8.

I move amendment No. 20:

In page 11, subsection (1), line 26, after "divorce," to insert "subject to the provisions of the Act, the legal force and effect of".

Section 8 is very bald and unequivocal in its effect. It states:

(1) Where the court grants a decree of divorce, the marriage, the subject of the decree, is thereby dissolved and a party to that marriage may marry again.

With my amendment the section would state ". . . subject to the provisions of the Act, the legal force and effect of the marriage, the subject of the decree, is thereby dissolved and a party to that marriage may marry again." The intention in this section is to end the civil marriage. In Ireland, there are different procedures for Catholic and Protestant church marriages. A Catholic church marriage is registered under the Registration of Marriages Act, 1863. A Catholic or Protestant church marriage is recognised as a valid civil marriage. Section 8 states that it is this church marriage which is dissolved. In relation to a Catholic marriage — we discussed this at length on the Marriage Breakdown Committee some years ago — we need a format so people can see and understand what is happening.

Deputy Woods is proposing a technical drafting change. If he is prepared to withdraw the amendment, I will have it looked at by the draftsman before Report Stage.

That is fine. The Minister knows the situation well enough as it applies.

Amendment, by leave, withdrawn.
Section 8 agreed to.

We will adjourn and resume at 11.30 a.m. tomorrow on amendment No. 21 in the name of Deputy Keogh.

I may not be present in the morning. If I am not, I am sure the committee will understand. Another Minister will deputise for me.

Perhaps the matter could be confirmed as soon as possible.

As soon as I know. I will go only if I have to.

The Select Committee adjourned at 4.40 p.m.

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