Katherine Zappone (Independent)

I move amendment No. 5:

In page 31, between lines 13 and 14, to insert the following:

"31.—The Irish Nationality and Citizenship Act 1956 is amended by the substitution of the following for the first three lines of subsection (1) of Section 15A (inserted by section 5 of the Act of 2001):

"15A. Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse or civil partner of an Irish citizen if satisfied that the applicant—".".

My amendment proposes to insert a new section into Part 10, which focus on the Irish Nationality and Citizenship Act. The intention is to ensure in law that non-Irish persons in civil partnerships with Irish citizens will receive the same citizenship rights as non-Irish persons in civil marriages. I wish to point out two additional sections of the Irish Nationality and Citizenship Act which could be amended within the Civil Law (Miscellaneous Provisions) Bill for the Minister's consideration as he brings it to the Dáil. My comments on these two sections will be rooted in the same principle behind the amendment tabled today, namely, that civil partnerships registered or recognised by Irish law be treated the same as marriages in the area of immigration.

As the Minister is well aware, the passage of the Civil Partnership Act 2010 signalled the Government's intention to provide similar rights, protections and responsibilities for same-sex couples as for married couples and viewed this as a major step towards equality for same-sex couples. It is my view that the establishment of a separate institution for same-sex couples, namely, civil partnership, was not the most effective and efficient way to equalise treatment between same-sex and opposite-sex couples. Nor do I think it was the right thing to do. However, the matters of ethics, justice and equality in this regard are for another day. Even with the Civil Partnership Act there remain a number and types of differences between civil partnership and civil marriage and some of these differences, it would seem to me, can be eradicated with very little debate. The Civil Law (Miscellaneous Provisions) Bill presents an opportunity to amend the law and reduce some of these differences and, as the Minister indicated in his speech in the Chamber last week, the Bill has significant scope and seeks to achieve many reforms of several Acts of the Oireachtas.

The amendment I have tabled would simply eradicate the way in which the Irish Nationality and Citizenship Act discriminates against civil partners in respect of the naturalisation process. Under the law as it stands, spouses of Irish citizens seeking naturalisation can avail of more favourable eligibility conditions than applied to civil partners of Irish citizens. Of course, this is in the context of the Minister's discretion. One of these more favourable eligibility conditions is with regard to the minimum number of years a spouse must be a resident. As the law stands, a spouse must be a resident for at least three years whereas a civil partner must be a resident for at least five years. By simply inserting the words "civil partner", the amendment will extend the same naturalisation rights to a civil partner as enjoyed by married spouse. The acceptance of this amendment would bring about further parity between non-Irish civil partners of Irish citizens and non-Irish spouses of Irish citizens under our naturalisation and immigration system.

I understand Government policy is that a civil partner will be treated as equivalent in immigration matters to a person who is married to another person of the opposite sex. It is also my understanding that in his response to a parliamentary question tabled by Deputy Caoimhghín Ó Caoláin in April, the Minister indicated his intention to bring forth an amendment on a future date which would see the provisions of the Irish Nationality and Citizenship Act extended to cover civil partners of Irish citizens. The amendment I have tabled seeks to do this.

Although I have tabled only one amendment, I wish to identify two additional sections of the Irish Nationality and Citizenship Act which could be amended when the Bill moves to the Dáil that would further the equal treatment of civil partners and spouses under immigration legislation. The first is section 22 which ensures the death of an Irish citizen or the loss of his or her citizenship does not impact on the citizenship of his or her spouse or children. I put forward for the Minister's consideration that an amendment could be inserted into the Civil Law (Miscellaneous Provisions) Bill to include civil partners and the children of civil partners under the protection of section 22.

The second is section 23 which ensures when an Irish citizen marries a non-national he or she does not lose his or her Irish citizenship due to the marriage even if he or she acquires the nationality of the non-national. I suggest for the Minister's consideration the development of an amendment that would simply propose parity for civil partners in this regard.