Ruairi Quinn (Dublin South East, Labour)
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Question 9: To ask the Minister for Justice, Equality and Law Reform when it is expected that the promised legislation on civil unions will be published; and if he will make a statement on the matter. [46760/08]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware that my proposals, in the form of heads of a civil partnership Bill, were published on 24 June 2008 following the approval of the Government. Formal drafting of the Bill by Parliamentary Counsel is now well advanced and I can confirm, in line with the indication in the Government legislation programme, as announced on 23 September 2008, that the Bill is expected to be published in early 2009. It is well recognised that the Bill is detailed and complex and is being drafted to ensure the constitutional protection of the institution of marriage is fully protected.

I will now provide a summary of the scope of the Bill. First, it will provide for registration of civil partnerships by same-sex couples, together with a range of rights and duties consequent on registration, including in respect of succession, pensions, shared home, tenancy rights, maintenance from partner and protection from domestic violence. Only same-sex couples may register as civil partners. Second, the Bill will establish a cohabitants' redress scheme for unmarried opposite-sex and unregistered same-sex cohabitants giving protection to an economically dependent qualified cohabitant at the end of a long-term relationship. Under the scheme, a qualified cohabitant is someone who has been living with another person in an intimate relationship for three years or more, or where the couple are the parents of a child, for two years or more.

The redress scheme will allow a vulnerable economically dependent partner, at the end of a relationship, whether by break-up or bereavement, to apply to court for certain reliefs, including for provision from the estate of a deceased partner, or for maintenance or pension or property adjustment orders. The Bill will provide also for recognition of cohabitant agreements, thereby enabling cohabitants to regulate their joint financial and property affairs. Cohabitants who make a cohabitant agreement may opt out of the redress scheme.

Pat Rabbitte (Dublin South West, Labour)
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What priority does the Minister attach to the Bill? When will it be published and when will it be introduced in the House? Did the Minister meet directly with representatives of any of the groups campaigning on this issue since the heads were published? Representations have been made to various Members on this side of the House with regard to perceived defects in the heads as published. Has the Parliamentary Counsel been instructed by the Minister to take into account any of the arguments made and are such arguments likely to have a formative influence on the Bill that eventually emerges?

Dermot Ahern (Louth, Fianna Fail)
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The Bill will be published early in 2009. As regards priority, to the best of my knowledge one Parliamentary Counsel at the Office of the Attorney General has been specifically delegated to deal with the Bill. In addition, there is one official in my Department who is, in effect, the expert in this area.

I met representatives of the Gay and Lesbian Network, GLEN, just after the publication of the heads of the Bill. There are some 138 heads, which means the legislation is extremely complex. To the best of my knowledge, I have not met representatives of any other groups. However, such representatives have met officials from my Department to discuss various issues relating to the legislation. The fact that we published the heads of the Bill on the Internet means we are encouraging members of the public and interest groups to make representations.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Does the Minister envisage introducing legislation to amend the Domestic Violence Act 1996, with particular reference to cohabiting couples, or will he include a provision in the civil partnership Bill that will extend to such couples the redress available to others under the Act to which I refer?

Dermot Ahern (Louth, Fianna Fail)
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No decision has been made on that issue. However, we will keep the matter under review.

I had not realised that Deputy Rabbitte was such a sensitive soul. Perhaps I might ameliorate some of the difficulties we experienced earlier by wishing him, the Leas-Cheann Comhairle — with whom I crossed swords during the year, something for which I apologise — and the other Members on the opposite side of the House a very happy Christmas.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I echo the sentiments expressed by the Minister. I wish the staff of the Houses of the Oireachtas, the Leas-Cheann Comhairle, who I compliment on the courtesy and patience he has shown, those opposite and Deputy Rabbitte a happy and peaceful Christmas. I look forward to renewing hostilities as early as possible.

Pat Rabbitte (Dublin South West, Labour)
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As they say in all the best circles, I agree. I wish everyone a happy Christmas.

Finian McGrath (Dublin North Central, Independent)
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On behalf of the Independents——

Seán Haughey (Dublin North Central, Fianna Fail)
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Who is the Deputy representing?

Finian McGrath (Dublin North Central, Independent)
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——I wish the Minister and Ministers of State a happy Christmas. I also wish to inform the public that we are not going on holidays for 40 days.

Dermot Ahern (Louth, Fianna Fail)
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Good man.

Brendan Howlin (Wexford, Labour)
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I thank the Deputies for their kind comments. From a personal perspective, I am glad that seasonal calm has been restored. I wish a restful and peaceful Christmas to all who work and serve in the Houses of the Oireachtas.