Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 14:

In page 26, lines 48 to 50, to delete "consultant psychiatrist within the meaning of section 2(1) of the Mental Health Act 2001" and substitute "registered medical practitioner".

The purpose of this amendment is to provide that an objection on the grounds of incapacity of one of the parties to consent to an intended civil partnership must be accompanied by a certificate made by a registered medical practitioner rather than a consultant psychiatrist. I am proposing this change on the advice of an tArd-Chláraitheoir.

This amendment mirrors the position in respect of marriage. The certificate of a registered medical practitioner is sufficient to support an objection to a marriage on the grounds that one of the parties lacks the capacity to give full, free and informed consent. An tArd-Chláraitheoir has pointed out that the three-month notice period prior to registration of a civil partnership may not allow sufficient time for a party whose capacities is in doubt to be examined by a consultant psychiatrist. The opinion of a medical practitioner who knows the person concerned is considered to be sufficient to support an objection in the case of marriage.

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