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Written Answers — Garda Reserve: Garda Reserve (8 Jul 2010)

Dermot Ahern: There are currently over 600 attested members of the Garda Reserve with approximately 100 in training. The Government has set a target strength for the Reserve at 10% of the full time strength of the Force. As the Garda Reserve depends on volunteers who undertake their training and other duties during their free time, it is difficult to predict how many people will commence training in any...

Written Answers — Pension Provisions: Pension Provisions (8 Jul 2010)

Dermot Ahern: Since June 2005 one assistant secretary retired from my Department. No Secretary General retired in the period in question. The provisions of the Superannuation Acts and Regulations stipulate that retirement lump sums are calculated on the basis of 3/80th of pensionable salary for each year of reckonable service subject to a maximum of 1.5 times pensionable salary.

Order of Business (8 Jul 2010)

Dermot Ahern: Dream on.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (8 Jul 2010)

Dermot Ahern: I said at the end of Second Stage that I thought it had been an excellent debate, and it was. Unfortunately, as I predicted, the way in which Committee Stage has been dealt with has not done the Senate any service. I do not have to point the fingers in that respect. I am implacably opposed to the deletion of this section for the simple reason that to do so would be discriminatory. It is...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Dermot Ahern: Under section 7 of the Guardian of Children Acts 1964 to 1997, the father, mother or adoptive parent of a child may appoint a testamentary guardian. In a case where a child is being brought up by a parent and a civil partner, the parent is free to appoint the civil partner as testamentary guardian of the child. Although such guardianship does not bring with it succession rights, the...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Dermot Ahern: I do not worry about the ability of the Oireachtas to deal objectively with issues. Senator Feeney described the example of a female same-sex couple, one of whom is the biological parent of a child. Leaving aside the testamentary guardianship issue, they can make arrangements for the death of one or both partners in the form of a will but this would be subject to the Succession Act 1965....

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Dermot Ahern: The biological parent would have to sign away his or her rights before the child could be adopted by the other partner. I hazard a guess that this is an unusual situation which is highly unlikely to arise.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Dermot Ahern: Senator Mullen spoke about the issue of adoption. I do not like to bring personal circumstances into a debate, but as an adoptive parent who has been through the adoption process, I know that the best interests of the child, rather than the interests of the adoptive parents, are primary in the decision to sanction an adoption. It is entirely a matter within the law laid down by the...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Dermot Ahern: Declarations as regards civil partnership status will rarely be required. If, after the passage of this Bill, a person enters a civil partnership here, he or she will always be entitled to be treated as a civil partner for the purposes of Irish law, unless and until the civil partnership is dissolved. Likewise, if a person has entered a civil partnership or equivalent registered partnership...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Dermot Ahern: Amendment No. 7 proposes to specify that a relationship entered into prior to making an order under section 5 is also recognised by that order. However, there is no doubt that this is already the case. The wording of section 5 makes this abundantly clear. A relevant relationship is recognised from the later of the date on which the order took effect or the date on which that relationship...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (7 Jul 2010)

Dermot Ahern: The Senator misunderstands what is contained in the Bill. The terms used in the legislation are "ordinarily resident" and "domiciled" and they act as alternatives to each other. The court may have jurisdiction if a couple, or one member thereof, is ordinarily resident in the State or is domiciled here. Being ordinarily resident does not require that one need be present within the State at...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (7 Jul 2010)

Dermot Ahern: No, there is no particular timeframe involved. One has a domicile of origin and if one wants to change this, one can then adopt a domicile of choice. In the context of the people to whom the Senator refers, namely, members of staff of the Department of Foreign Affairs, members of the Defence Forces and others in the employ of the State who are stationed abroad, they do not lose their...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (7 Jul 2010)

Dermot Ahern: The provision relating to what constitutes being ordinarily resident, which is also contained in the Bill, would cater for those people who are resident in Ireland as a matter of fact.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (Resumed) (7 Jul 2010)

Dermot Ahern: Do not go there.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Second Stage (Resumed) (7 Jul 2010)

Dermot Ahern: I genuinely thank Senators for what I believe was a fantastic debate. Despite the fear of getting criticism yet again from a particular Deputy in the other House, every time I take a Bill to the other House having debated it here, I always mention that there was - as there always is - an excellent debate in the Seanad. A particular Deputy suggested that I might have a hankering to join the...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Second Stage (Resumed) (7 Jul 2010)

Dermot Ahern: I know Senator Fitzgerald's leader held on by the skin of his teeth because of the support of the Senators in the recent challenge.

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Second Stage (Resumed) (7 Jul 2010)

Dermot Ahern: Without people such as Senator Fitzgerald he would not have survived. Today's debate does everyone credit. I have personal friends who spoke against the Bill. I genuinely understand the conviction they have on the matter. While I do not agree with it, I respect their views and the way in which they expressed them. Senator Phelan is correct. The decision to introduce the Bill is not just...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (7 Jul 2010)

Dermot Ahern: When I concluded on Second Stage I said this had been one of the best debates in the past 23 years. I hope I will not have to retract that statement at the end of the evening or whenever this Bill passes. I cannot understand this amendment and cannot put that point better than Senator McDonald did. Before I came into this House I was a member of a partnership although it was not a civil...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (7 Jul 2010)

Dermot Ahern: I have been somewhat of a bystander during this debate on children. I have no doubt this Bill will be tested in the courts at some stage, so I think it is appropriate I put on record the reasoned view the Government has on the proposed amendments. Under the Family Home Protection Act, a spouse may be considered by the court reasonably to withhold consent to the conveyance of the family home,...

Seanad: Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (7 Jul 2010)

Dermot Ahern: I hope Senator Norris is not suggesting that the Minister politically interfered with the Equality Authority. If anything, the Equality Authority-----

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