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Written Answers — Identity Cards: Identity Cards (1 Jul 2010)

Dermot Ahern: For the purposes of this question a national identity card is a document issued by the authorities of a state so as to establish the nationality and identity of the person concerned. In many countries in the EU possession of the Identity card is compulsory for all nationals of that state. This sort of document should not however be confused with cards of a more limited function, e.g. public...

Written Answers — Residency Permits: Residency Permits (1 Jul 2010)

Dermot Ahern: I wish to inform the Deputy that my Department has no record of having received any correspondence from the person to whom he refers. The person in question was granted permission to remain in the State in February of 2005, under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. This permission expired on 10...

Written Answers — National Lottery Funding: National Lottery Funding (1 Jul 2010)

Dermot Ahern: I can inform the Deputy that my Department received no funding from the National Lottery in the years in question.

Written Answers — Departmental Expenditure: Departmental Expenditure (1 Jul 2010)

Dermot Ahern: I wish to inform the Deputy that, given the type, nature and time period of the data sought, it could only be compiled by a disproportionate expenditure of staff resources and I do not believe that this can be justified at the present time given the many other compelling and competing demands on my Department's resources.

Written Answers — Asylum Applications: Asylum Applications (1 Jul 2010)

Dermot Ahern: Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 28 December 2007, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of...

Written Answers — Court Procedures: Court Procedures (1 Jul 2010)

Dermot Ahern: As I have previously informed the Deputy, a High Court judgment last year had implications for sections 6 (imprisonment in the case of non-payment of debt) and 8 (imprisonment relating to non-payment of maintenance) of the Enforcement of Court Orders Act 1940. The Enforcement of Court Orders (Amendment) Act 2009 made changes to both sections consequent on that judgment in accordance with...

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.

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

Dermot Ahern: It is not the standard because the standard in regard to a divorced spouse is that he or she has to apply within six months of a grant of representation, either under section 18(1) of the Family Law (Divorce) Act or under section 25(1) of the Family Law Act 1995; where a divorce is granted outside this State, a spouse who is separated or whose succession rights were quashed under grant of a...

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

Dermot Ahern: I move amendment No. 40: In page 117, after line 60, to insert the following: " 24. Registration of Deeds and Title Act 2006 Definition of"deed" in section 32(1) (a) insert "or under section 36 of the Civil Partnership Act 2010" after "Act 1976" in paragraph (j);(b) insert "or under section 28 (12) of the Civil Partnership Act 2010" after "Act 1976" in paragraph (k). ".

Civil Partnership Bill 2010: Fifth Stage (1 Jul 2010)

Dermot Ahern: This is one of the most important items of civil rights legislation that has come before the House for some time. It makes a clear and powerful statement to gay people that they will never again have their status or relationship ignored. As I said earlier, we take nothing from anybody in this Bill; it does not undermine marriage, undermine anybody's rights or destroy anything. We are...

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