Seanad debates

Wednesday, 7 July 2010

Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage

 

6:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I wish to make three brief points in response to the Minister. First, we are disappointed that he is not going to accept any of these four amendments or indeed any of the others on children. If that is not going to happen, the promise of a composite response with regard to the rights of children is welcome. Can the Minister give some indication of when that is likely to happen? He says the Law Reform Commission is likely to report within 12 months from now. Has any work been done preparatory to legislation following that? I know the Minister for Health and Children is working on legislation on IVF and assisted human reproduction. That might be part of it.

Second, the Minister said any amendment dealing with the rights of civil partners to guardianship should also deal with a step-parent in a heterosexual relationship. Amendment No. 37 would do that.

Third, I must take issue with the Minister's point that there are constitutional difficulties with providing for dependent children. There is some very limited provision for dependent children in the Bill and that creates no constitutional difficulty. I do not see how some form of recognition for the children of gay couples could cause a difficulty with the Constitution. The Law Reform Commission, in its earlier work on cohabitants, stated categorically that there would be no constitutional difficulty with creating a bundle of rights and responsibilities for cohabitants so long as they were not greater than the rights of a married couple.

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