Charles Flanagan (Laois-Offaly, Fine Gael)

I move amendment No. 33:

In page 85, line 23, to delete "and committed".

This issue was the subject of considerable debate on Committee Stage. I do not intend to revisit the arguments that were made, other than to suggest there may be a difficulty with the definitions of "cohabitant" and "qualified cohabitant" in the Bill. Section 170(1) provides that "a cohabitant is one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship". I suggest that "intimate" does not necessarily mean "sexual". Section 170 creates an implication that the relationship must, at some stage, have been sexual. I am concerned that the use of the word "committed" may cause difficulties and lead to protracted legal argument. I do not have a difficulty with the reference to adults living together as a couple in an "intimate" relationship. However, the requirement that the relationship must be both "intimate" and "committed" could be construed in a manner that is somewhat different from what is intended. Since the Committee Stage debate, the Minister has had an opportunity to assess the points that were made about this provision, which could give rise to a lack of clarity, uncertainty and considerable legal argument. While I will not press the matter, I suggest that this issue could well feature in protracted litigation and give rise to an element of uncertainty which is not intended in the legislation.

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