Dáil debates

Thursday, 1 July 2010

Civil Partnership Bill 2010: Report and Final Stages

 

6:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

My amendments differ from those tabled by Deputy Flanagan. Amendment No. 9 states, "including a relationship entered into prior to the commencement of this section". Section 5 states, "The Minister may, by order, declare that a class of legal relationship entered into by two parties of the same sex is entitled to be recognised as a civil partnership if under the law of the jurisdiction in which the legal relationship was entered into" it fulfilled a number of criteria. We should add to that the term, "a relationship entered into prior to the commencement of this section". We are starting at ground zero on this. There needs to be clarity in respect of relationships which have been solemnised and voluntarily entered into in other jurisdictions before the commencement of this section.

Clearly, Irish gay couples could not enter into a civil partnership relationship in this jurisdiction up to now and will not until this provision is enacted. We need to give clarity to such couples on the recognition of relationships that have been solemnised in other jurisdictions before the commencement of this section. There should be no doubt or ambiguity in that regard and the insertion of my amendment would meet that need. Amendment No. 10 states:

In page 15, between lines 43 and 44, to insert the following:

"(3) Notwithstanding subsection (2), where—

(a) one of the persons in the civil partnership dies before the commencement of this section and before a declaration that a civil partnership of that class is entitled to be recognised,

(b) the foreign civil partnership was entered into after 1 January 2004,

(c) the foreign civil partnership was between persons both or either of whom were or was citizens or a citizen of Ireland, or residents or a resident of Ireland, on the day of the registered foreign relationships,

then the foreign relationships to which this section applies shall be and shall be deemed always to have been valid as to form if it would have been so valid had it been registered in the State.

(4) An tArd-Chláraitheoir may, on production of such evidence as appears to him to be satisfactory, cause a registered foreign relationship to which this section applies to be registered in a register to be maintained in Oifig an Ard-Chláraitheoir.".

We discussed this issue on Committee Stage. This is important. A number of couples have entered into foreign relationships, in particular since civil partnership became legal in Northern Ireland, and there should be clarity in regard to carrying that through into the republic.

The Minister, I recall, gave a commitment to reflect further on this. He said he would revert to me on it but he believed the amendment was not necessary. However, he said he would reflect further and take further legal advice, which I hope he has done. I read again what the Minister said on Committee Stage regarding these matters. We have no difficulty in terms of the objective of the amendment. The Minister feels it is unnecessary and I would like to hear his comments on whether he has thought about it or has received further advice from the Attorney General on this matter since we last debated it.

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