Results 14,941-14,960 of 16,849 for speaker:Dermot Ahern

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

Dermot Ahern: I move amendment No. 30: In page 70, line 40, to delete "of the net estate" and substitute "of the estate". Both amendments clarify section 124 which deals with the applications for provision from the estate of a deceased civil partner. The reference to "net estate" is not necessary as any provision from the estate of the deceased civil partner is necessarily after the settlement of prior...

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

Dermot Ahern: I move amendment No. 31: In page 72, between lines 3 and 4, to insert the following: "(12) In this section, "civil partner" means a civil partner whose civil partnership has been dissolved.".

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

Dermot Ahern: The effect of this amendment by replacing "adults" with "persons" is to allow children to be designated as cohabitants for the purpose of the Bill. There does not appear to be any sound reason for so doing. There is an unintended effect on the Bill as initiated. The domestic violence protections which currently apply to a couple living together as husband and wife would have been removed...

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

Dermot Ahern: I wish to speak about the whole idea of Part 15. We are talking about the availability of the redress scheme to cohabitants. Just in case anyone thinks we are talking about same-sex couples only, I assure the House that this relates not just to same-sex couples but also to heterosexual couples. It is a question of providing a safety net for couples, in terms of financial dependency, in...

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

Dermot Ahern: Absolutely. The normal designation in any legislation of this nature is the use of the term "living as husband and wife". That is the phrase we normally use. We have had to come up with a similar phrase in this case, obviously, as we cannot use the phrase "husband and wife" in the context of a provision that will apply to same-sex partners. We have come up with the term "intimate and...

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

Dermot Ahern: Paragraphs (a) and (b) of subsection (4) are alternatives. Subsection (4) clearly states that two adults are within a prohibited degree of relationship if (a) they would be prohibited from marrying each other in the State, or (b) they are in a relationship referred to in the 2004 Act. This subsection confines the scope of the Bill to a couple living in an intimate and committed relationship...

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

Dermot Ahern: Section 26 lists the prohibited degrees of relationship to which this refers. A person may not enter a civil partnership with someone within the prohibited degrees of relationship.

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

Dermot Ahern: Section 26 clearly indicates what are the prohibited degrees of relationship. I honestly do not know what the Deputy is getting at.

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

Dermot Ahern: We may, perhaps, look at this before the Bill is debated in the Seanad. However, my advice is that under the Interpretation Act 2005, those who would be prohibited from marrying would not include same-sex couples, given the fact that are debating civil partnership legislation and that the references in section 26 take care of the prohibited relationships.

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

Dermot Ahern: My advice is that this has been looked at by the Attorney General and the way in which it is looked at by the courts, under the Interpretation Act, will clearly indicate that two adults are within a proscribed degree of relationship if they are prohibited from marrying each other within the State. It will indicate clearly that although the two adults who are within a proscribed degree of...

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

Dermot Ahern: Perhaps I will take further advice in regard to this but I cannot see the point Deputy Howlin is trying to make. By putting in wording to the effect that sexual activity between them would be an offence having regard to their age or the fact that they are relatives would not in any way advance this.

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

Dermot Ahern: I must be careful in regard to the timing of this. We may not be able to return the Bill to the Dáil. Perhaps we might recommit it before the evening is out.

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

Dermot Ahern: It is intended that the Bill will go to the Seanad next week so it would be possible for us to look at it again there, with a view to bringing it back to the Dáil. We are to do Committee and Report Stages in the Seanad and it would be possible to return the Bill to the Dáil on Thursday.

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

Dermot Ahern: Perhaps we shall leave it until the Bill goes to the Seanad.

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

Dermot Ahern: I said on Committee Stage that this was carefully drafted in order to ensure the constitutional protection for marriage was fully vindicated. Subsection (6) was drafted to ensure that the spouse is not disadvantaged in seeking various ancillary orders on separation or divorce, if the other spouse becomes a qualified cohabitant of the third party who seeks redress under the Bill. The...

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

Dermot Ahern: I cannot accept this. The courts always have a view that if they can bring finality to arrangements, they will do so. However, there are always cases involving couples where there will be a change of circumstance as time moves on. The court must have the ability to change if new circumstances prevail between the couples. The portent of what the Deputy is proposing would be mandatory. He...

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

Dermot Ahern: With the best will in the world, I can understand what the Deputy is trying to get at. Section 170(6) states that the court, may, on the application of the qualified cohabitant or the other cohabitant, if it considers it proper to do so, make varying orders. The Deputy's suggestion may well discourage one party from taking an application to vary or suspend. Couples circumstances do change.

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

Dermot Ahern: Again, each circumstance will be determined by the court. It is possible that financial circumstances change and that one party is paying maintenance to the other, and there is no necessity for it anymore. Although it is not absolutely mandatory, the Deputy is trying to bring finality once and for all and, with all due respect, I do not think he can do that.

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

Dermot Ahern: It is an aspiration. We are dealing with a statute and we must be clear on it.

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

Dermot Ahern: It is not the same point.