Ivana Bacik (Independent)

I refer to the Minister's response to the previous recommendation and his point, clearly correct in law, that the status of separation does not exist for civil partners. Senator Zappone is correct to point out that this means there is no parity between civil partners and spouses. However, is judicial separation a desirable process? That we have such a developed law on judicial separation is a consequence of the fact that we did not have divorce in this country for so long and separation was seen as filling a gap that would have been unnecessary had divorce been introduced earlier than 1995 following a referendum. Like Senator Zappone, I feel we should give effect to same sex marriage and the civil partnership Act did not go far enough. I rehearsed the argument when we debated the legislation in the House and, while I welcomed it, it does not provide for full equality.

I wonder whether separation is an equality principle that is desirable to seek, given married couples can still seek judicial separation. Is it necessary for us to provide this for civil partners? I acknowledge what Senator Zappone is trying to do with these recommendations. I am not sure it would be a positive gain in practice for civil partners to have a mechanism inserted into the civil partnership Act that would allow for separation for civil partners along the same lines as that available for married couples.