Brendan Howlin (Wexford, Labour)

I move amendment No. 10:

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.".

I referred earlier to the Marriages Act 1972. As legislators, we often shape the law to suit our needs. Beginning in 1953, genuine couples went to Lourdes to attend religious ceremonies and receive a form of blessing. As they presumed themselves to be married, the State decided in 1972 to retrospectively validate their relationships as if they had been genuine Irish marriages from the beginning. Between 1953 and 1972, some of the individuals concerned died and the arrangement of their affairs on the basis of marriage was retrospectively validated. It is amazing what can be done when there is a will.

See this speech in context