Dermot Ahern (Louth, Fianna Fail)

The Deputy will be aware that my proposals, in the form of heads of a civil partnership Bill, were published on 24 June 2008 following the approval of the Government. Formal drafting of the Bill by Parliamentary Counsel is now well advanced and I can confirm, in line with the indication in the Government legislation programme, as announced on 23 September 2008, that the Bill is expected to be published in early 2009. It is well recognised that the Bill is detailed and complex and is being drafted to ensure the constitutional protection of the institution of marriage is fully protected.

I will now provide a summary of the scope of the Bill. First, it will provide for registration of civil partnerships by same-sex couples, together with a range of rights and duties consequent on registration, including in respect of succession, pensions, shared home, tenancy rights, maintenance from partner and protection from domestic violence. Only same-sex couples may register as civil partners. Second, the Bill will establish a cohabitants' redress scheme for unmarried opposite-sex and unregistered same-sex cohabitants giving protection to an economically dependent qualified cohabitant at the end of a long-term relationship. Under the scheme, a qualified cohabitant is someone who has been living with another person in an intimate relationship for three years or more, or where the couple are the parents of a child, for two years or more.

The redress scheme will allow a vulnerable economically dependent partner, at the end of a relationship, whether by break-up or bereavement, to apply to court for certain reliefs, including for provision from the estate of a deceased partner, or for maintenance or pension or property adjustment orders. The Bill will provide also for recognition of cohabitant agreements, thereby enabling cohabitants to regulate their joint financial and property affairs. Cohabitants who make a cohabitant agreement may opt out of the redress scheme.

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