The Dail moved a step closer to the creation of a pluralist, tolerant and caring society yesterday when it approved the final stages of the Family Law (Divorce) Bill, 1996. After 16 years of political agitation by pro divorce groups, a succession of court actions and two ill natured referendums spread over 9 years, one of the most divisive social issues in the history of the State was quietly and firmly determined. The Seanad will now give its imprimatur to the Bill and it will later be signed into law by President Robinson.
In legislating for the breakdown of marriage, the Government and the Minister for Equality and Law Reform, Mr Taylor, are giving effect to the wishes of the electorate. Ten months ago, by the narrowest of" margins, the citizens of this State decided to remove", the absolute ban on divorce from the Constitution. But the Government has introduced a Bill which is stringent in the extreme. There is no question of a system of "quickie divorces" being introduced. A couple must have lived apart for four of the previous five years before a divorce application can be made. The courts must be satisfied there is no reasonable prospect of a reconciliation. And special arrangements will have to be made for the financial support of the Children and spouses of failed marriages.
Irish marriages which were happy and well founded before the Bill was introduced will remain as examples of what can be achieved by fortunate couples through love, hard work and commitment. But those who have experience of marriages marked by violence, desertion or even simple breakdown, are being given an opportunity to build new lives. It has been estimated that up to 80,000 people will be free to enter into new marriages, or to regularise existing, long term arrangements as a consequence of this legislation.
It is understandable that many people should grieve at the passing of traditional certainties. But there is a growing recognition that, in many cases, those certainties exacted an unconscionable price from the minorities, the marginalised and the disadvantaged. Thus the laws have changed on censorship, on contraception, on homosexuality, on abortion, and there has been a steady growth of a generous spirit within our society. Change in the law on divorce - as provided for in this Bill - will not, as many Jeremiahs have warned, destroy our society or open the floodgates to promiscuity. Rather it will mark our transition to a more modern, democratic and inclusive society.
The first applications for divorce cannot be made until three months after the legislation takes effect. And the result is that court rulings on the dissolution of marriages are not expected to be delivered until towards the end of 1997. As the Bill passed its Report and Final Stages in the Dail last night, there were attempts by the opposition parties to secure adequate counselling and mediation services. But parliamentary disagreement over detail could not disguise the satisfaction and relief felt by all parties that the issue of divorce was being removed finally from the political agenda.