Dermot Ahern (Louth, Fianna Fail)

We had an intense discussion on this issue and we looked at it again. I still feel that deleting this would negate the necessity of the person having some connection with the State. This refers to declarations as to civil partnerships and we think it will be used only in very rare circumstances because if, after the passage of the Bill, a person enters into a civil partnership here then she or he will be always entitled to be treated as a civil partner unless and until that partnership is dissolved. Likewise, if a person has entered into a civil partnership elsewhere and both of the couple are alive on the date the relevant order recognising that relationship comes into effect, he or she will be always entitled to be treated as a civil partner for the purposes of Irish law unless that civil partnership is dissolved. This includes all of the relevant rights and obligations which accrue under civil partnership including succession, pensions and shared home protection. The situations in which a declaration as to the status - this is to what the section refers - may be required are, for example, where a relationship entered into in another state was dissolved and there is a question about the validity of that dissolution and whether it took place in the same state or another, or perhaps where a civil partnership entered into in this jurisdiction was purported to be dissolved in another state after the couple concerned had moved their permanent domicile elsewhere. This may have implications for whether the civil partner is free to enter a new civil relationship or whether the person has certain succession rights.

In a case where the relevant person does not have a direct or continuing connection with the State it is simply not appropriate to confer jurisdiction on our courts to deal with such matters. The jurisdiction we will confer on courts here in this respect is directly comparable with the jurisdiction on marital status already provided. This is based on clear and well-understood principles of jurisdiction and international private law. The reference to the year is to ensure there is a connection with the State before the declaration can be made.

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