Results 1,921-1,940 of 16,849 for speaker:Dermot Ahern

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...

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: However, there is no doubt that the representations being made by others - not the registrars - was that there may be registrars who may have a difficulty. I listed out a number of possibilities. When we pass laws in the State, we expect our public servants to implement those laws to the letter without fear or favour under the Constitution. If there were people who decided that they were...

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

Dermot Ahern: In effect, that means that no church can be forced to have a ceremony on its sacred ground, its church property, which is used for religious purposes. The only way a church could be used is if the church applied to be registered and applied for approval by the HSE under the legislation. Anybody who suggests that gay couples will now take churches to court for the use of the church is a...

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

Dermot Ahern: I wish to reply to a point raised by Deputy McCormack that I omitted to answer but, first, I wish to comment on Deputy Flanagan's last point. Thirty speakers contributed to the debate on Second Stage in this Chamber. There was a significant debate on this Bill in Committee, at which some members of the media were present, albeit from one or perhaps two newspapers, and RTE and others may...

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

Dermot Ahern: No, I know what is in the Bill. We tabled an amendment on Committee Stage raising the period from three years to five years. In the case of a married couple, existing legislation provides that if the marriage breaks down immediately, there is an entitlement immediately for one partner to apply to the other for maintenance. If the marriage breaks down immediately, there is no period before...

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: Yes, maintenance. That is what we are talking about in the redress scheme. The redress scheme does not interfere with any succession rights, per se, because the two parties are alive when the application is made.

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

Dermot Ahern: Neither I nor the Government wish to pass legislation that is subject to a time limit within which it may not be possible to deliver the benefits that flow from this Bill in regard to social welfare and taxation provision. Both the Department of Finance and the Department of Social Protection have been working on the template for what is required. I understand the work of the Department of...