Results 14,921-14,940 of 16,849 for speaker:Dermot Ahern

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: The process is set out in section 59F(11), under which a party to a proposed civil partnership may appeal the decision of an tArd-Chláraitheoir to the Circuit Court. Section 59F(12) sets out the jurisdiction of the Circuit Court. Ultimately, it would be a matter for the court to decide on whether to uphold the objection.

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I move amendment No. 15: In page 27, to delete lines 1 to 37, and substitute the following: 59G.—If a party or a witness to a civil partnership registration does not have sufficient knowledge of the language of the registration to understand the registration documents or the declarations, the parties shall have an interpreter present who shall— (a) before the parties make the...

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I move amendment No. 16: In page 37, between lines 13 and 14, to insert the following: 38.—No land registration fee, Registry of Deeds fee or court fee shall be payable on any transaction creating a joint tenancy between civil partners in respect of a shared home where the home was immediately prior to such transaction owned by either civil partner or by both civil partners otherwise than...

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: On this issue we are generally on the same page. It is just a matter of when it will take effect. The Department of Finance is adamant that taxation law cannot be changed in any Act other than in a finance Act. That is one of the reasons we did not accede to the request from, I believe, Deputy Charles Flanagan, to have the Bill enacted within three months. If we were to do that, there...

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: In regard to the taxation issues, that would be the case. We obviously need to wait for the taxation provisions to be changed which can happen only by way of a finance Act. That has always been the position, which is why we need that flexibility. In answer to Deputy Ó Snodaigh, it would not be possible to make it retrospective because some people would have already paid. It is not...

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: It is to give the same rights from a taxation and social welfare point of view to same-sex couples that married couples have.

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I do not have those figures. They would be matters for the Departments of Social Protection, and Finance. When we embarked on this suite of legislation it was always understood that there would be some cost, but I would not expect it to be a significant cost.

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I move amendment No. 18: In page 42, between lines 6 and 7, to insert the following: 50.—(1) The court may, on making a maintenance order under section 44, order the maintenance debtor in addition to, or instead of such an order, to make a lump sum payment or lump sum payments to the maintenance creditor of such amount or amounts and at such time or times as may be specified in the order....

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I can confirm that. We signalled these because they mirror sections 41 and 42 of the Family Law Act 1995, which allows the making of lump-sum orders and secured periodical payment orders for spouses without the requirement for a judicial separation. In particular this provides that the court may make lump-sum orders and secured orders when making a maintenance order under the Family Law...

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I move amendment No. 19: In page 42, between lines 6 and 7, to insert the following: 51.—The court may, on making a maintenance order under section 44 or at any time after making such an order, on application to it by any person having an interest in the proceedings, order the maintenance debtor concerned to secure it to the maintenance creditor concerned.".

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: The Attorney General has advised that it is essential to provide additional rights for the children of an intestate civil partner in order to vindicate the constitutional protection of the marital family. Thus children of a deceased civil partner may apply to the court for provision out of the estate. This applies regardless of whether the children are the children of a prior marriage,...

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: No.

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: To answer Deputies and Deputy Ó Snodaigh in particular, this seeks to protect children in order to allow them-----

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: -----to apply under section 117 on intestacy for provision if no provision has been made for them. It is balanced because it relates to only when the court is of the opinion that it would be unjust not to make the order. The court may, on application of one of the children of an intestate who dies leaving a civil partner and children, order that the provision be made for that child out of...

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I move amendment No. 22: In page 48, lines 34 to 37, to delete all words from and including "of one" in line 34 down to and including "of" in line 37 and substitute the following: "by or on behalf of a child of an intestate who dies leaving a civil partner and one or more children, order that provision be made for that child out of".

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I move amendment No. 23: In page 49, line 2, to delete "provision for that issue" and substitute "provision for that child".

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I move amendment No. 24: In page 49, line 5, to delete "requirements of that issue" and substitute "requirements of that child".

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: Section 83 was examined in detail on Committee Stage. I indicated at that time that the section as formulated is essential to provide additional rights for the children of a civil partner who dies leaving a will in order to ensure in all cases that the constitutional protection of the marital family is vindicated. This provision is included following strong advice from the Attorney General....

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I move amendment No. 28: In page 54, between lines 4 and 5, to insert the following: "(d) in section 67(1)(b) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004) by substituting "civil status" for "marital status" wherever it appears,".

Civil Partnership Bill 2010: Report and Final Stages (1 Jul 2010)

Dermot Ahern: I move amendment No. 29: In page 63, line 4, to delete "of section 127" and substitute "of section 128". This amendment corrects a cross reference error in the Bill. Section 115 sets out how property adjustment orders may be made. Subsection (2) specifies that a property adjustment order may restrict or exclude the application of section 127 to such an order. However, section 127 concerns...