THE Divorce Bill passed its second stage after a one day debate yesterday. Some deputies expressed reservations but they did not oppose the Bill. No vote was called for Fianna Fail and Progressive Democrats indicated they will table amendments at the committee stage.
The Minister for Equality and Law Reform, Mr Taylor, who introduced the Bill, said it was about the welfare of tens of thousands of citizens whose lives were blighted by marriage breakdown, but, who remained married in "the insistent eye of the law". The Bill would enable them to put their lives in order and remarry if they wished.
Under the Bill, a court would have to be satisfied that at the time proceedings were instituted the spouses had lived apart from one another for at least four of the previous five years; there was no reasonable prospect of a reconciliation between them; and there must be provision made for the spouses and any dependent members of the family.
The Fianna Fail spokesman on equality and law reform, Dr Michael Woods, said his party was satisfied that the Bill was faithful to the draft Bill published in advance of the referendum.
"We appreciate the concerns of the substantial minority who voted against the referendum, and we reiterate our commitment to the family and to supporting all families in Ireland socially, economically, financially and legally."
At the committee stage he would be seeking to improve the provision for counselling, mediation and professional support services for families in breakdown situations. He would also be seeking a modern family court system with recognition of the key part which voluntary and community based organisations could play.
The declining status of marriage must be addressed. In 1986, there were 18,573 marriages. By 1994, the number had dropped to 16,297.
Dr Woods said that to ensure adequate protection for children there must be a statutory officer, a commissioner for children, who would ensure that their interests were vindicated by the courts in disputes between the parents.
The introduction of divorce would put a huge additional demand on the civil legal aid centres and provision for that must be made in the Estimates later this year. Otherwise, divorce would become "the exclusive preserve of the rich".
The Progressive Democrats' spokeswoman on equality and law reform, Ms Helen Keogh, said the Bill was "the end of a long and tortuous road".
She was concerned about the interpretation the courts might put on the requirement that couples would have to be "living apart" for four years before they could divorce. If it meant that the spouses would have to occupy separate premises then it could mean further delay in the operation of divorce procedures.
Mr Willie O'Dea, Fianna Fail spokesman on law reform, said the Bill would allow judicial separation orders to be varied by courts making an order for divorce. He believed that should be restricted to exceptional circumstances or cases where there was compelling new evidence.
Mr Brendan Kenneally (FF, Waterford) said he had grave reservations about divorce and remained to be convinced that this Bill would improve the fabric of our society.
There was a big difference between the original mooting of the proposal and this occasion - the people had been consulted and that decision had been ratified by the Supreme Court. He did not agree with the proposal but he accepted the democratic will of the people.