Seanad debates

Saturday, 29 January 2011

Finance Bill 2011 (Certified Money Bill): Report and Final Stages

 

4:00 pm

Photo of David NorrisDavid Norris (Independent)

I move recommendation No. 2:

In page 7, between lines 27 and 28, to insert the following:

"(a) whereby in every instance where "spouse" occurs in this Bill it shall be interpreted as including persons who are legally registered as civil partners;".

This is an attempt to be helpful. It is dealing with the amendments that were consequent upon the passage of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 by both Houses of the Oireachtas. They had certain impacts in terms of inheritance and tax provisions and they hit to the heart of the living experience of a significant body of people in society. I honour my colleagues on all sides of this House and in the other House - I include the Minister in this - who spoke so generously on the original Bill and were anxious to see it brought into effect as quickly as possible. My desk is groaning under requests from people who are in those circumstances to find out when the measures will come into operation. To find out that they will be deferred until the next finance Bill is unsatisfactory.

I made strenuous efforts to find the content of those amendments. My understanding is they have not been drafted. That tells me the degree of significance that is attached to the well-being of the people contemplated under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. My clear information was that those amendments have not been drafted. It is for that reason that they are not available.

I accept the country has been in financial turmoil. I have great sympathy with the situation in which we have found ourselves. The Minister has worked all hours of the day and night. Even though I disagree with some of the measures he has taken, I wish to place on record my admiration for his integrity and the way in which he has worked. The situation is that it appears that those amendments have not been prepared and that it will not be possible to put them before the House. I am not certain because of the delays that occurred previously, for example, when the decision of the Equality Authority was reversed by the redefinition of the word "spouse" which excluded same-sex couples and there were repeated delays despite promises from the Minister's colleague, the Tánaiste, Deputy Coughlan. We should do what we can to assist the Government. There might be an intelligent way around the situation instead of seeking to put the whole 150 amendments. I could not possibly do it myself because, as Independents, we have no access to the talents of draftspersons. Instead, I decided to try to do it by examining the definitions. Re-defining the operation of the word "spouse" in the Bill would meet the situation by holding that wherever the word "spouse" occurs, it shall be interpreted as including people legally partnered through the civil partnership Bill. I urge the House to support the recommendation.

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