The Gazette 1979

SEPTEMBER 1979

GAZETTE

BOOK REVIEWS The Case for Divorce in the Irish Republic by William Duncan. Published by the Irish Council for Civil Liberties, Liberty Hall, Dublin, 1979. 80 pp., £1.50 ( + 20p p+p). The Case for Divorce in the irish Republic, written by William Duncan and commissioned by the Irish Council for Civil Liberties, "the I.C.C.L." was introduced and launched as a publication on Monday, 12 November 1979. The book, as the Chairman of the Council quite rightly says in his Foreword, is "the first major publica- tion on this vital subject, offering a thorough and far- ranging examination of the problem." The I.C.C.L. hopes that the Report will provide the impetus for serious public discussion, and that on the basis of such in- formed debate, the Oireachtas and the Irish people will informed debate, the oireachtas and the irish people will initiate the changes necessary — constitutional amend- ment by referendum and legislation for divorce — to bring what the I.C.C.L. say "relief and hope to hundreds of families." The study assesses the scale of marital breakdown in the Republic. The extent of the problem is difficult to under-estimate: "It is reasonable to assume, on the basis of the latest information, that there are at present in the Republic between five and eight thousand deserted wives, with a minimum annual increase of about 500." (p. 12). Divorce and annulment are compared as techniques for dealing with broken marriages. The one is a clear-cut and honest remedy, the other, even given reforms that might be enacted at the suggestion of the Law Reform Com- mission, is quite limited in its scope and does not purport to accommodate marital breakdown. The arguments for divorce are very well examined, on the basis of individual liberty, changing social attitudes and practices in relation to marriage, the need to provide for minorities, equality of treatment under the law, and improving the quality of family life. Their treatment and the examination of a number of arguments against divorce is also admirable. For the whole study, the author and the I.C.C.L. are to be con- gratulated. William Duncan's contribution to Irish Family Law and its reform is quite enormous. He has been actively involved in a number of organisatios and currently is President of Children First and a legal advisor to Cherish. He is a lecturer in Family Law at Trinity College, Dublin and has published articles on many aspects of the subject. The I.C.C.L. has done its fair share also in the field of Family Law in its short life-span to date. It has among its reports "Children's Rights under the Constitu- tion." Since The Case for Divorce in the Irish Republic has started a debate and discussion on this most important issue, it will be interesting to see how other bodies and significantly the Government react. The Law Society had, a motion for debate before the Annual Conference in Galway on 3-6 May 1979 "That Civil Divorce should be available in Ireland." Both papers delivered were subse- quently published in the Gazette; Professor Mary McAleese's address for the motion was published in the June edition and Sean P. Bedford's, against the motion, was in the July/August edition. The Roman Catholic

Church's position as most recently expressed by Pope John Paul at Limerick is still to speak of divorce as a threat to family life. When Mr. Duncan was questioned on the appropriateness in time of the publication of this report — shortly after the Papal visit — his reply was short and sweet: "It is never inopportune to speak out and make a case when the rights of persons are in issue." The Law Reform Commission is at the request of the government currently undertaking a study of the reform of the law of nullity. The I.C.C.L.'s study on divorce will constitute it's submission to that body. For Church and State alike, one of the conclusions drawn by Mr. Duncan is perhaps apt. "An effective response to the problem of family breakdown needs to be positive. The ban on divorce is negative. It does not prevent the problem; it does not cure it; it confuses its causes; it helps to conceal its extent and worst of all it imposes unnecessary suffering by limiting the freedom of a minority of unsuccessfully married people." I would strongly recommend this Report as necessary reading for any and every concerned citizen, whether lawyer or non-lawyer, and whether or not his or her initial viewpoint is for or against divorce. Joseph B. Man nix. A GUIDE TO ROAD TRAFFIC OFFENCES by James V. Woods. Published privately by the Author, 1979, xxxii, 491 p. Available from 35 Hollywood Park, Naas, Co. Kildare, at £11.75 including postage. Mr. Woods's current book on the Road Traffic Acts, their regulations and their joint treatment by the Courts both in Ireland and overseas comes with impressive credentials from a man so expertly versed in District Court practice. Written essentially as an intended aid to those practitioners who find themselves representing a client in the not so familiar environment of the District Court, the Guide should prove as sustaining in the hour of need as a nip from a hip flask on a February afternoon at Lansdowne Road. No doubt encouraged by his success in publishing his notes to the Intoxicating Liquor Acts and the two volumes of his District Court Guide in recent years, the author has rightly anticipated the need of the younger practitioner for a courtroom aid, written in simplified form, upon which the latter can readily rely. The format of the Guide is based upon the Road Traffic Acts. Whilst there has been little pretence at literary style, a solid reference of intermingled statutory law and regulations, case law, Court rule and procedure are contained therein. With his great depth of District Court experience, Mr. Woods has set out in detailed manner to explain the apprehension of the wrongdoer, his prosecution, its hearing, the Court's decision and penalty together with all relevant variations on the theme. For this alone the book should be recommended reading for law students of either discipline. Matters also dealt with in its 500 pages are the Petroleum Acts, the Road Transport Acts, PSV Regula- tions and the Temporary Importation of Motor Vehicles. A useful potential of reference, which loses some of its impact due to the absence of a reference date, is the table 215