Dermot Ahern (Louth, Fianna Fail)

The Senator misunderstands what is contained in the Bill. The terms used in the legislation are "ordinarily resident" and "domiciled" and they act as alternatives to each other. The court may have jurisdiction if a couple, or one member thereof, is ordinarily resident in the State or is domiciled here. Being ordinarily resident does not require that one need be present within the State at all times in the relevant period. However, some measure of residence within the State will be required.

It is difficult to understand why the Irish courts should have jurisdiction over a person whose domicile is not in the State and who is also not ordinarily resident here if a question arises as to his or her civil partnership status or if there is a dispute between him or her and his or her partner. Having one's domicile here certainly does not require presence in the State. The argument is made that a person posted abroad in the service of the State for an extended period could lose his or her Irish domicile. This is a highly unlikely eventuality. To lose a domicile, a person must have actively decided that he or she is moving abroad permanently. It is very difficult to lose domicile in law. A person posted abroad by the Department of Foreign Affairs, for example, would not lose domicile. Furthermore, the ongoing links with the State are crystal clear. Members of the Defence Forces do not lose their domicile of origin merely because they go on overseas missions to Lebanon or wherever. The person in the Department of Foreign Affairs would, while abroad, still be paid and taxed by the State and would be working on its behalf. Much looser links than these are sufficient to establish domicile within the State. The amendment is designed to remedy a problem which, I respectfully suggest, does not exist.