Results 19,841-19,860 of 29,533 for speaker:Brendan Howlin

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

Brendan Howlin: What is the general thrust of the intention of the social welfare provisions?

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

Brendan Howlin: I move amendment No. 20: In page 48, line 28, to delete "subject to subsections (3) to (7),". We had some debate about this amendment on Committee Stage. It arises from a submission we received from the Law Society, which claimed this amendment is required. It seeks to avoid what the Law Society believes is guaranteed litigation and guaranteed uncertainty. If the amendment is agreed the...

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

Brendan Howlin: I also regret that the Minister has not moved his position since Committee Stage. The Minister was part of the group which spent two years in a committee debating the constitutional amendment relating to children. The objective we had in that committee was to craft an amendment to ensure all children were treated equally. We hope to put that amendment to the people before the end of the...

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

Brendan Howlin: Certain children.

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

Brendan Howlin: In the provisions before us, the succession rights of a civil partner to another civil partner are less protected and vaguer than are those of a married couple in terms of testacy and intestacy. That is the conclusion one reaches. Obviously, this is by design. I believe that is unfortunate and will lead to difficulty in terms of providing, with absolute certainty or clarity, legal advice...

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

Brendan Howlin: I move amendment No. 32: In page 85, line 22, to delete "adults" and substitute "persons". Section 169(1) of the Bill as circulated states: "For the purposes of this Part, a cohabitant is one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship..." It has been pointed out to me that an adult is a person aged 18 years or...

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

Brendan Howlin: I do not think I will divide the House on this issue. When a Minister reads a prepared answer that was written before one made one's case, there is always a danger that it will address arguments one did not make, which can be very interesting. I do not think the definition, as it stands, will create difficulties that cannot be overcome. I will withdraw the amendment for that reason.

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

Brendan Howlin: I submitted this amendment on foot of a submission I received from Women's Aid. I am sure all the other members of the Joint Committee on Justice, Equality, Defence and Women's Rights received the same document. As I said on Committee Stage, Women's Aid has argued that a woman might have difficulty proving before a court that a relationship was "committed", if that fact is contested by her...

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

Brendan Howlin: It can be in terms of protection orders or anything else.

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

Brendan Howlin: I move amendment No. 34: In page 86, lines 7 to 12, to delete all words from and including "if ---" in line 7 down to and including "Act." in line 12 and substitute the following: "if sexual activity between them would be an offence having regard to their age or the fact that they are relatives.". Subsection 169(4) states: "For the purposes of this section, 2 adults are within a prohibited...

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

Brendan Howlin: The Minister has lost me. I am reading plain English here. Section 169 sets out what is a cohabitant. For the purposes of Part 15, which deals with cohabitation, a cohabitant is one of two adults, whether of the same or the opposite sex, who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of...

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

Brendan Howlin: That refers to paragraph 169(4)(b). Paragraphs (a) and (b) are joined by the word "or" and not by the word "and".

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

Brendan Howlin: Let me put it this way. Subsection 169(4) states that for the purposes of this section two adults are within a prohibited degree of relationship if either paragraph (a) or paragraph (b) applies to them. The Minister refers to the connection between paragraph (b) and the new section 26. I am concerned with paragraph (b). To be within the prohibited degree of relationship it is not...

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

Brendan Howlin: That cannot be right. Paragraph (a) precludes same-sex couples from being defined as cohabitees. The notion that this is allowable as marriage is against the Minister's argument that this cannot be marriage. My advices come from a law professor who has looked at this matter.

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

Brendan Howlin: I said on Committee Stage that it is a normal feature of most legislation that there is flexibility for the Minister to commence all or part of the Bill as appropriate. The Minister indicated during the committee deliberations that he had given a commitment both inside the House and elsewhere to commence this Bill as soon as possible. Thousands of citizens are interested in its progress and...

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

Brendan Howlin: I move amendment No. 6: In page 14, between lines 2 and 3, to insert the following: 3.—For the purposes of this Act, a reference to the presence of any person in the State or co-habitation in the State shall include presence or co-habitation while abroad in the service of the State.". I have had direct contact with officers of the State who are working on missions abroad, including members...

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

Brendan Howlin: I do not understand the first point made by the Minister. My amendment simply proposes to insert a new definition in the definitions section. The word "presence", which occurs throughout the Bill, is to be interpreted in the way I have indicated in this definition. That is the purpose of the amendment, so I have no idea what the Minister means when he says it has no effect. For the purpose...

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

Brendan Howlin: But it is not impossible.

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

Brendan Howlin: That would be the norm but not necessarily universal.

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

Brendan Howlin: The way we do business in the House is sometimes frustrating. I accept the case the Minister is making will capture most cases. There will, however, be an exception where someone will be excluded because the domicile is not clear. It does no disservice to accept this amendment. In most legislation, the starting premise of Departments is to find the argument against it, and there is an...