Seanad debates

Wednesday, 7 July 2010

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

 

11:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I move amendment No. 6:

In page 14, subsection (2)(c), lines 33 to 35, to delete subparagraph (ii), and substitute the following:

"(ii) prior to the death had ever been ordinarily resident in the State for a period of one year.".

This amendment, which was, I understand, tabled on Report Stage in the Dáil, responds to submissions we received. Its purpose is to address injustices that are occurring by extending the coverage of protection by broadening the category of person who may apply to the court to make a declaration of civil partnership status. This would apply in cases where a person has died before the date of the application, in other words, where one of the civil partners has died and the other applies for a declaration of civil partnership status. Currently, section 4 requires that the deceased person was domiciled in the State or ordinarily resident in the State for one year immediately preceding the date of death. The amendment proposes to broaden this to provide that the person had been ordinarily resident in the State for a period of one year at some stage prior to the death rather than immediately prior to the death.

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