Constitutional reform and divorce
The Taoiseach said there were no current plans for a new Constitution or a constitutional amendment enabling divorce, while changes concerning bail and adoption were under consideration. He defended the existing Constitution, noted that annulment issues were being examined, and acknowledged that some provisions might warrant change.
asked the Taoiseach when it is intended to amend the Constitution by the introduction of appropriate legislation which will permit the introduction of divorce in this country.
4.
Comment on this
asked the Taoiseach if the Government propose to amend Article 41.3.2º of the Constitution to facilitate the enactment of legislation to provide for civil divorce in certain circumstances within the State.
5.
Comment on this
asked the Taoiseach whether it is the Government's intention to amend the Constitution; and, if so, in what respects.
6.
Comment on this
asked the Taoiseach whether the Government intend to submit a new Constitution for consideration and approval by the people.
Comment on this
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 2 to 6, inclusive, together.
The Government have no proposals for the introduction of a new Constitution or for an amendment to the existing Constitution to facilitate divorce. The possibility of amendments to deal with certain aspects of the law on bail and adoption are under consideration.
Comment on this
Are we to take it from the Taoiseach's reply that this country is going to continue under the 1937 Constitution with all its obvious defects? After all these years it is obvious that it is a very defective Constitution. In relation to the question concerning divorce, surely the Taoiseach agrees that there is a special case in respect of people who have had Catholic Church annulments and divorce outside the country? Is the Taoiseach now saying that not only are we not going to get a new Constitution but the existing one will not be amended in respect of this desperately urgent and badly needed provision in our society.
Comment on this
I did not say we were not going to get a new Constitution but at present it is not contemplated to introduce legislation that would enable a new Constitution to be voted upon by the people. I do not accept at all that the Constitution as it stands is as defective as the Deputy seems to suggest. It has stood the test of time. I agree that there are some aspects of it that might require changing and I have indicated at least two aspects where that change is being considered. In regard to annulment, the Attorney General has submitted to the Law Reform Commission for their examination the report by a former Attorney General, the former Deputy Declan Costello, on the law on annulment to see to what extent it is incompatible with certain practices in Church law.