Dermot Ahern (Louth, Fianna Fail)

I thank him for his co-operation in the last two years and I wish him well in his new post.

Deputy Howlin quoted an academic who said it was unfortunate that these two issues are being dealt with in the one Bill. I would say it is fortunate that we are dealing with the two issues in the one Bill. Part 15 refers to the possible provision of a safety net for cohabiting same sex and opposite sex couples. For too long, the Oireachtas has not provided rights, obligations, duties and statutory cover for cohabiting couples, particularly as a substantial and increasing number of people are living as man and wife but are not married. When one consider the number of children born out of wedlock to people who are living together but not married, it is incumbent on the Oireachtas, sooner rather than later, to make this provision. That is why I say it is fortunate that we are now dealing with this issue.

Deputy McCormack referred to the safety net redress scheme provided for in Part 15. This gives couples a right of access to court. It does not give any statutory rights in relation to estates. That will be for the court to decide. The provision is framed in such a way as to apply to couples, both heterosexual and same sex, who have split up to go into court and, if one of them can show extreme financial difficulty, to ask that the court make financial provision for him or her. Some critics of this provision have misread its purpose, which is to protect a financially dependent person who may be left high and dry if a couple split up. There is good and valid reason for making a distinction between a couple who have children and a couple who do not. Hence the two year and five year limits.

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