Ceisteanna—Questions. Oral Answers. - Marital Breakdown.
- Marital breakdown legislation and timing 4 speeches
The Minister said legislation on matters other than divorce was planned for the autumn. He could not identify a way to regularise second unions following a valid marriage.
Proinsias De Rossa, Alan M. Dukes
- Civil nullity of marriage 3 speeches
De Rossa asked whether the Government would avoid treating religious nullities as civil law and raised separate civil proceedings. The Minister said he would consider reports on civil nullity, while noting that civil law could not always be aligned with canon law.
Proinsias De Rossa, Thomas J. Fitzpatrick, Alan M. Dukes
- Preparation of marital breakdown legislation 2 speeches
Keating asked whether draft Bill heads were ready; the Minister said he had not yet put specific legislative proposals to the Government.
Michael Keating, Alan M. Dukes
- Separate civil marriage ceremonies 2 speeches
De Rossa asked whether legislation would provide separate civil marriage ceremonies; the Minister said the matter was under consideration.
Proinsias De Rossa, Alan M. Dukes
- Status of proposed legislation 8 speeches
Woods challenged the Minister over the Taoiseach’s reported claim that Bill heads were nearly ready. The Minister maintained that he had not yet submitted proposals to the Government, and the exchange ended in a sharp disagreement.
Michael Woods, Alan M. Dukes
asked the Minister for Justice if he will outline his legislative programme in the area of marital breakdown in the light of the outcome of the referendum on the tenth amendment of the Constitution.
Comment on this
The Government intend to bring forward legislation to deal with the matters, other than divorce, that are mentioned in the recent Statement on Government's Intentions with regard to Marriage, Separation and Divorce.
Comment on this
Could the Minister indicate over what period he proposes to introduce legislation in view of the urgency of many of the issues raised in the document? In view of the defeat of the proposed change in the Constitution, what legislative proposals has he to deal with the regularising of second relationships which have developed in the absence of divorce?
Comment on this
As the Taoiseach has said in the House, the Government's intention is to bring forward this legislation during the autumn session. With regard to the second part of the Deputy's question, I am not 100 per cent clear as to what he means. I cannot conceive — if I may use the word without giving offence — of any legislation which could in the present circumstances "regularise" a number of second unions that the Deputy appears to have in mind, if they follow on a valid marriage.
Comment on this
Perhaps I was too vague in my question. Can the Minister assure us that under no circumstances will we enter the sham of trying to regularise Roman Catholic nullities in the law? Perhaps he will indicate also that we may introduce separate civil proceedings for all marriages in the State so that there is no confusion between religious ceremonies of marriage and the civil marriage ceremony.
Comment on this
I think I can answer directly by saying to the Deputy that one of the matters I will be considering in the context of bringing forward this legislation is the report of the Law Reform Commission on nullity of marriage and the references to that subject, that is civil nullity, in the report of the Oireachtas Joint Committee on Marriage Breakdown. In various places throughout the country over the last eight or nine weeks, including this Chamber, I have given the opinion that there are certain areas where it would be impossible to align the civil law of nullity with the provisions of Canon Law for a number of different reasons that I do not think I should go into.
Comment on this
Will the Minister indicate whether at this point the heads of a Bill in any one of the areas he talks about in the legislative programme being planned for the autumn are prepared? How far on is that procedure?
Comment on this
I am not in a position to give an answer to a question like that, as the Deputy knows. I have indicated clearly that there are a number of areas where we intend to bring forward proposals for legislation in the autumn. I have not yet put specific proposals for that legislation to the Government.
Comment on this
The Minister missed one of the points I raised, whether in the proposed legislative programme it is intended to provide for separate civil marriage ceremonies in all cases so that there is no confusion between what is going on in a church ceremony.
Comment on this
Is the Minister aware that the Sunday before last his leader said that he had heads of a Bill almost ready or in some sort of ready stage? Perhaps he will check with the Taoiseach who made that statement on national radio.
Comment on this
The Deputy is good at parsing and analysing these statements. It is a pity he did not spend more of his energies in the last eight weeks parsing and analysing statements because then he would not be saying these things now.
Comment on this
I do not intend to fall into the trap of a smart aleck question by the Deputy. I have already told the House that I have not yet put proposals before the Government that would lead to this legislation. What the Deputy wants to make of that for his own purposes is his own affair.