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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Law Reform.

Recognition of foreign divorces and annulments

Summary

The Minister said the Attorney General’s proposals concerned annulments by Irish courts, while recognition of foreign annulments and divorces was being examined separately by the Law Reform Commission. He would not state the Government’s position or give a timeline before receiving its report; members pressed for clarity and urged action on existing legal anomalies.

asked the Minister for Justice whether the proposals on nullity submitted by the Attorney General to the Law Reform Commission exclude the possibility of this country's laws being amended to permit the remarriage within the State of Irish citizens who have been divorced by the courts of Northern Ireland.

Comment on this

The proposals which were submitted by the Attorney General to the Law Reform Commission refer only to the annulment of marriage by our own courts. They do not deal with recognition either of annulments or of divorces granted in other jurisdictions. These other matters will, however, be examined as a separate issue by the commission. In this connection may I refer the Deputy to the First Programme of the Commission which is available in the Library and in particular to paragraphs 8 and 12.

Comment on this

May we take it from the Minister's reply that this whole question of the annulment of marriage is not simply effective dissolution of marriage giving legal sanction to Catholic Church annulments? This is being taken with the same problem where it exists with people of the minority religion, the Protestant religion. This is all being considered by the Law Reform Committee.

Comment on this

As I say, the proposals submitted by the former Attorney General were relating only to annulment of marriage by our own courts but the Law Reform Commission are quite prepared to examine the question of annulments or divorces granted in other jurisdictions and I gather this examination is going on at the present time.

Comment on this

If they come down with the decision effectively allowing for the dissolution of marriage in respect of any religions would this not entail an amendment of the Constitution?

Comment on this

I would prefer to wait until such time as I hear from the Law Reform Commission in this particular area.

Comment on this

Any idea of the time?

Comment on this

I would hope the commission would come back to me on this matter as quickly as possible.

Comment on this

Any idea of the time?

Comment on this

I have not, honestly. If I can get an estimate of the time involved I will write to the Deputy.

Comment on this

Could the Minister give an indication of what his party's attitude is to this as distinct from what the findings of the Law Reform Commission might be?

Comment on this

My party's attitude will be that of the Government when the Government make up their minds, having heard from the Law Reform Commission and being in a position to do so.

Comment on this

Am I to understand that the Government have no decision on this and are awaiting legal advice from the Law Reform Commission?

Comment on this

No. The Deputy is not correct in that at all. He is not right in assuming that.

Comment on this

Perhaps I did not follow the replies all that well. Do I understand that the Government at the moment have no opinion of their own on this?

Comment on this

No. For a new Deputy, Deputy Quinn is doing extremely well.

Comment on this

For a Minister the Minister is not doing too badly.

Comment on this

I thank the Deputy very much but I am not as new as the Deputy. Having thanked the Deputy for his kind remarks, may I say that the Government will make a pronouncement on this matter when they are ready to do so. They are not ready to do so now. They are awaiting a report from the Law Reform Commission. That report will have to be considered by them. It would certainly have to be seen by a Government that must give a decision on the matter. Out of courtesy if nothing else, we would have to await the law reform report before making a public pronouncement on this matter.

Comment on this

Do I understand that the Government have an opinion but are withholding it until such time as the Law Reform Commission's report is out?

Comment on this

When the Government are in a position to make a decision they will do so but not until then.

Comment on this

I am merely asking if the Fianna Fáil Government have an opinion on this, not when they will make a decision. As a member of the Opposition, I simply want to know if the largest party in the House, the Government, actually have an opinion of their own?

Comment on this

The opinion of the Government will be made known when the Government are ready to make it known.

Comment on this

What about the think-tank? They do not think until they get into the tank.

Comment on this

The Deputy was in a bit of a tank at one time.

Comment on this

I have no faith in people who have to get into a tank to think.

Comment on this
Jim O'Keeffe Mr. O'Keeffe Fine Gael

Is the Minister aware that there is considerable apprehension at the possibility of considerable delay in introducing legislation to cope with this problem? Is he aware that there are serious anomalies in our laws at present which require urgent attention? Is he aware that considerable work was already done by the former administration in regard to nullity and will he tell the House why the Attorney General found it necessary to refer this matter to the Law Reform Commission, an already over-worked body and is this only for the purpose of delaying the matter further?

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

This is argument. The purpose of a supplementary question should be to elicit further information.

Comment on this

I am aware of all the problems raised by the Deputy and I gave them all the attention I should give them.

Comment on this

Everything but the Minister's opinion.

Comment on this

I will give decisions that I will stand over when I am ready to give them, not opinions. That is the difference between this side of the House and the Deputy's side. That is why we are here and the Deputies opposite are there.

Comment on this