Courts may deal with first divorce this year

THE first divorce applications could be before the courts by the end of this year or early next year, according to the Minister…

THE first divorce applications could be before the courts by the end of this year or early next year, according to the Minister for Equality and Law Reform.

Mr Taylor was speaking after the dismissal by the High Court of Mr Des Hanafin's challenge to the divorce referendum. He welcomed the result on behalf of the Government, and of those people who "will be highly relieved, and who have been anxious for an opportunity to put their affairs in order".

The judgment was also welcomed by opposition parties. Ms Helen Keogh TD said the Progressive Democrats would facilitate swift action to translate the decision of the people on divorce into legislation at the earliest opportunity.

Fianna Fail's spokesman on Equality and Law Reform, Dr Michael Woods, said they would press for adequate counselling, mediation and legal aid facilities for people in marital breakdowns.

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Consultations between Mr Hanafin and his legal team on whether to appeal the High Court decision to the Supreme Court will continue this morning when the court will also consider the question of costs.

If the case is not appealed, or if the appeal, which can only be on a point of law, fails, the 15th Amendment of the Constitution Bill will then be signed by the President. Mr Taylor will bring the Divorce Bill, published last September, before the Government and introduce it in the Dail.

"It could be this session", he told The Irish Times. "I would hope for a speedy passage through both houses of the Oireachtas, and it could be law by the end of the year.

Earlier, the High Court had ruled unanimously that Mr Hanafin had failed to prove that the unconstitutional Government spending seeking a Yes vote had materially affected the outcome of the vote.

The presiding judge, Mr Justice Murphy, while acknowledging the Government spending had been unconstitutional, said: "A constitutional wrong does not translate into electoral wrongdoing." He added that, in his view, the "conduct of the referendum" as referred to in the Referendum Act, did not include the conduct of the campaign.