Results 1,941-1,960 of 16,849 for speaker:Dermot Ahern

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

Dermot Ahern: I move amendment No. 4: In page 13, lines 20 and 21, to delete "Social and Family Affairs" and substitute "Social Protection". Amendments Nos. 4 and 5 are technical amendments which insert the correct titles of the relevant Departments.

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

Dermot Ahern: I move amendment No. 5: In page 13, line 29, to delete "Justice, Equality and Law Reform" and substitute "Justice and Law Reform".

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

Dermot Ahern: There is no reference anywhere in the Bill to the "presence of any person in the State" or to "co-habitation in the State". Accordingly, the amendment simply has no effect. Persons working abroad in the service of the State are likely to retain their domicile for the purposes of the Bill. Anybody working for the State abroad does not normally change his or her domicile, which is very...

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

Dermot Ahern: It is a well known legal fact that it is hard to lose one's domicile.

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

Dermot Ahern: No, but a person can purposely do an act that would negate his domicile here. The legislation states that the court can only make an order if one of the civil partners is domiciled in the State on the date of the application. Someone who has just temporarily changed his residence on behalf of the State working in a mission abroad who wants to apply under this legislation would not be...

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

Dermot Ahern: That is exactly the same for existing legislation pertaining to divorce and it has not been a problem. I refer the Deputy to the Supreme Court judgment in 2003 of T versus L, relating to the foreign divorce of a married couple who had emigrated to the Netherlands in 1988. The court concurred with the prior finding of the High Court that their Dutch divorce, obtained in 1994, was not...

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

Dermot Ahern: It is unnecessary, it is up to the court to decide the domicile.

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

Dermot Ahern: We had an intense discussion on this issue and we looked at it again. I still feel that deleting this would negate the necessity of the person having some connection with the State. This refers to declarations as to civil partnerships and we think it will be used only in very rare circumstances because if, after the passage of the Bill, a person enters into a civil partnership here then she...

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

Dermot Ahern: I am not sure how to react to that. We intend to pass the Bill in the Dáil today and it will then go to the Seanad. I am not sure to what Deputy Gogarty is referring.

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

Dermot Ahern: We are in a democracy.

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

Dermot Ahern: Deputies of all shades and colour are entitled to their views in this House.

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

Dermot Ahern: To answer Deputy Mattie McGrath on whether the Bill is rushed, it was published in June 2009 so we are a year and a month at it. There was significant debate on Second and Committee Stages and we are now on Report Stage. To respond to Deputy Howlin on section 4 to which the amendment relates, under section 29 of the Family Law Act 1995 the same provisions are in place on declarations with...

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

Dermot Ahern: We are dealing with amendments Nos. 8 to 10, inclusive. For the purposes of clarity and record I will set out the rationale in order that our position on each of the amendments is understood. Section 5, to which the amendment relates, provides that the Minister may make an order recognising certain categories of foreign legal relationships as entitled to the same treatment as a civil...

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

Dermot Ahern: I move amendment No. 11: In page 21, line 44, to delete "shall make" and substitute "shall orally make". On Committee Stage I signalled my intention to move these amendments. Amendment No. 11 provides that intending civil partners must make their declarations orally. An tArd-Chláraitheoir advises this is essential so that the registrar can be satisfied that the partners understand the...

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

Dermot Ahern: I move amendment No. 12: In page 22, line 30, to delete "declarations are made orally in" and substitute "declarations are made in".

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

Dermot Ahern: I move amendment No. 13: In page 22, to delete lines 33 to 40 and substitute the following: "(6) (a) The witnesses shall sign the form after the parties to the civil partnership have done so, and the registrar shall countersign the form. (b) The parties' civil partnership shall be taken to be registered upon the counter-signature of the registrar. (c) As soon as practicable after the...

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

Dermot Ahern: I move amendment No. 14: In page 26, lines 48 to 50, to delete "consultant psychiatrist within the meaning of section 2(1) of the Mental Health Act 2001" and substitute "registered medical practitioner". The purpose of this amendment is to provide that an objection on the grounds of incapacity of one of the parties to consent to an intended civil partnership must be accompanied by a...

Civil Partnership Bill 2010: Order for Report Stage (1 Jul 2010)

Dermot Ahern: I move: "That Report Stage be taken now."

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

Dermot Ahern: I move amendment No. 1: In page 13, line 13, after "Partnership" to insert "and Certain Rights and Obligations of Cohabitants". On Committee Stage I accepted in principle a suggestion made by Deputy Flanagan in regard to the two distinct issues dealt with in this Bill. Amendment No. 1 will avoid creating the impression that the Bill encapsulates all law which applies to cohabitants. There...

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

Dermot Ahern: We are talking about a fairly narrow issue. I know some Deputies went into other areas in making their contributions. I thank Deputy Charlie Flanagan for offering to withdraw his amendment in preference to mine. First, I congratulate him on making it back to the Fine Gael Front Bench, despite all the circumstances.