As Michael and Bertie were busy talking about ethical government yesterday few would have noticed that the Irish government indicated that they would not be taking part in  ‘the negotiation and implementation of new EU Commission proposals on divorce and legal separation.’

Brussels II/Rome II as it is generally known would allow for granting of divorces for nationals married in other EU member states.  According to today’s Irish Times

A spokeswoman for the Government said if Ireland were to adopt and implement the EU Commission proposal it would “allow EU nationals resident in Ireland to obtain a divorce in our courts on substantially different and less onerous grounds than provided for in our Constitution, as allowed by the referendum on divorce in 1995, ie four years’ separation of the parties”.

By opting out of Brussells II/Rome II the Irish Government is also indicating that it will not enter into co-operation that would recognise marriages entered into in other states – especially same sex marriages. An interesting point to note in tandem with the states defence of the Zappone/Gilligan case.