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Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I move amendment No. 4: In page 16, line 22, after "(3E)(b)" to insert "and the provisions of the Civil Legal Aid Act 1995 shall be available for such proceedings".The Minister of State will be aware that the appropriate subsection makes provision for an appeal to the Circuit Court. I presume what I am proposing here is superfluous because legal aid will be available anyway.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: If I can get an assurance from the Minister of State in that regard, I will be happy to withdraw the amendment.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: That is fine.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I am in broad agreement with Deputy Ă“ Snodaigh's viewpoint. There is a difficulty because every case depends on its own facts. The legislation will give the registrar discretion, but in exercising this discretion he or she must examine various issues and obviously this list is not exhaustive. If one does not pass the test on one or two of the issues, it does not necessarily mean there...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: The registrar is supposed to do so as soon as practicable.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: He or she should inform the Minister for Justice and Equality

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I move amendment No. 5: In page 28, line 38, after "59F(4C)" to insert the following:"and in deciding what documents and information to seek, an tArd-Chláraitheoir shall take into account the particular circumstances of the individual in question".This is an attempt to prevent a situation whereby a superintendent registrar or chief registrar would seek certain information or documents...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I will withdraw the amendment based on the Minister of State's response.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: I move amendment No. 7: In page 32, to delete lines 3 to 22.The Minister of State obviously has a response and I will await it.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: The section provides in the case of embassy marriages that the couple are deemed to have been married from the moment of solemnisation in the embassy but from point of view of intestacy, inheritance rights, etc., such provisions do not come into effect until the legislation comes into place. Am I correct? I thought that was a bit of a contradiction.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Am I not?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: That explains it. What is the position exactly?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Civil partnerships and marriages.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: The section states that if one of those embassy marriages is solemnised it is deemed to have existed as a legal marriage from the moment of solemnisation and yet the implications of the parties being married from the point of view intestacy and other legal provisions do not kick in until the commencement of this Act.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: It is only a minor point.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: It is only a minor point. I will not press the amendment but it seems unusual in that the law is stating that marriage has taken place from a certain date. As far as the law is concerned, people are married from that date, from the moment of solemnisation, but there are no legal implications in respect of tax, inheritance, etc., until such time as this Act comes into force.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Civil Registration (Amendment) Bill 2014: Committee Stage (5 Nov 2014)

Willie O'Dea: Okay.

Social Welfare Bill 2014: Second Stage (6 Nov 2014)

Willie O'Dea: I am opposed to this Bill, not because I object to the rate of child benefit being increased - I welcome that - but because it is a remarkable piece of legislation. Normally when we say something is remarkable, we are talking about what is contained in it. This legislation, however, is most remarkable not for what it contains but for what it omits. I will come back to that point shortly....

Social Welfare Bill 2014: Second Stage (6 Nov 2014)

Willie O'Dea: Many of them maintained a landline so they can have an alarm system for the sake of their security and safety. Despite protestations to the contrary, many people found that only by maintaining the landline system and paying the rental can they have a sense of security. It is important to elderly people, particularly those who feel isolated and vulnerable. There was a major push before the...

Social Welfare Bill 2014: Second Stage (6 Nov 2014)

Willie O'Dea: Why is the Minister not using the money to restore the respite care grant?

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