Dáil debates

Wednesday, 30 January 2019

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Civil Partnership Legislation

10:50 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I mentioned the view of the Attorney General in 2010. I have no evidence to suggest it has in any way changed. I also acknowledge the importance of the role played by the Law Reform Commission insofar as it was quite clear in its not recommending any change to the existing position, whereby cohabitants do not come within either the ambit of the Evidence Amendment Act 1853 or the later Criminal Evidence Act 1992. This was for two reasons. The first is that as cohabitation was not to be equated with marriage it would be incorrect to extend marital privilege to cohabitants because the privilege developed in the context of, and is specific to, the relationship of marriage. The second is the restriction on marital privilege in the context of serious crime by the 1992 Act may be seen as a move away from marital privilege generally.

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