Dáil Report: Ireland's domestic divorce law will not be undermined by any proposals to harmonise legislation across the EU, the Dáil was told.
Minister for Finance Brian Cowen said Ireland could choose whether to opt in to any measures proposed by the EU Commission.
"The Government's starting point in respect of any issue that might arise here is that any measures that may be taken will not be allowed to undermine our existing domestic law on divorce," he said.
He was responding to Fine Gael leader Enda Kenny who asked if the Government had considered the European Commission's Green Paper on divorce.
"Is it going to mean that there will be changes in Irish law [ contradicting] what the people actually voted for in the divorce referendum: in other words four years' separation?" he asked.
The Green Paper has been placed before the Houses of the Oireachtas and seeks the views of member states on measures to bring greater harmony to divorce laws across the EU. States must respond to the proposals by a September deadline.
The document was drawn up in the wake of a regulation in the Amsterdam Treaty, which aimed to provide a framework for dealing with international divorce within the EU.
Mr Cowen said: "The treaty provisions governing judicial co-operation in civil law matters provide that Ireland has an opt-in to measures in this area, either when a proposal is tabled or following its adoption."
"What that means is that were the commission to come forward with proposals arising from that Green Paper, which is by no means certain, Ireland would have a choice as to whether or not to opt in to the measure. Ireland is not bound by any measure to which it does not opt in."
The Minister added that Ireland's entitlement to opt in to EU civil law measures was "preserved by protocol 19 of the new constitutional treaty negotiated during our presidency.
"Likewise decision-making by unanimity is retained for the purposes of family law matters."
Mr Cowen stressed that any measures that might be taken "will not be allowed to undermine our existing domestic law on divorce".
In the 1995 divorce referendum the Irish electorate voted that couples should be separated for four years before they could divorce.
Possible changes to Irish divorce law could include allowing EU citizens, including those married to Irish citizens, to opt to seek a divorce in Ireland under the laws of their own state.
In its Green Paper the commission asks member states 20 questions and suggests a unified way of dealing with conflicts between the different rules for accepting divorce applications.
It also suggests changes to the rule requiring that the first court applied to must hear the case.
