Dáil debates

Thursday, 1 July 2010

Civil Partnership Bill 2010: Report and Final Stages

 

8:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)

I move amendment No. 37:

In page 100, line 29, to delete "6 months" and substitute "12 months".

This is a straightforward and simple administrative matter on which I will not dwell to any great extent, other than to ask the Minister to facilitate the introduction of an element of conformity. A spouse has 12 months from the grant of representation to assert his or her rights but a cohabitant has only six months to do so. A challenge by a cohabitant to an estate could be under way without the cohabitant knowing the position in regard to the spouse. That would place a legal personal representative in a difficult position.

The amendment merely makes 12 months the standard. It introduces an element of clarity. Why do different time limits apply for different classes of relationship? This is an administrative matter and I will not divide the House on it, but there is an issue in this respect.

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