Catherine Ardagh (Fianna Fail) | Oireachtas source

I move amendment No. 1:

To delete all words after “That” and substitute the following:

"the Bill be read a second time this day 12 months to allow, amongst other things, for a comprehensive consideration of the implications of the Bill through engagement and consultation with other relevant Government Departments and the Attorney General and an examination and response to the report of the Joint Oireachtas Committee on Gender Equality and its recommendations, including any proposals for Constitutional reform.”

I thank the visitors in the Gallery, including Mr. Johnny O'Meara and Ms Maria Doyle. It is really difficult to bring any sort of case against the State, and it takes a lot of grit and determination. I am glad that Johnny and his family have done so and I am glad the Labour Party has brought this Bill forward. However, we must remember that the Minister is not shutting down the Bill or not accepting it. She just needs a bit more time to put in train the different legislative changes. In Fianna Fáil, we very much welcome the debate but we also welcome the Minister's proposal for a timed amendment to the Bill being discussed today. A timed amendment will allow for 12 months for, among other things:

... a comprehensive consideration of the implications of the Bill through engagement and consultation with other relevant Departments and the Attorney General and an examination and response to the report of the Joint Oireachtas Committee on Gender Equality and its recommendations, including any proposals for Constitutional reform.

It is important to note that the policy and legislative implications relating to the recognition of the status of cohabiting couples requires a whole-of-government response, including consideration of the output of the Joint Oireachtas Committee on Gender Equality and the recent High Court decision in Johnny's case. This matter obviously has to be considered thoroughly.

I know that my colleague Senator Hoey raised questions about the idea of marriage and entering into a civil partnership. As a solicitor by trade, I often find when I meet clients that they just do not understand all the rights and obligations that come with being in a marriage or even in a cohabiting relationship. Many rights stem from such relationships. Obviously, those rights do not include inheritance rights, the right to a widow's pension or the bereavement grant. I fully support cohabiting couples getting those rights down the line. There is legislation giving cohabiting couples certain rights. Those rights do not extend just to what Johnny looked for and fought for. That is not to say that he does not have the support of this House and will not get that support.

I cannot say how many people I have met who might have married in the 1970s or 1980s but were with other partners for 30 to 40 years and got nothing at the end of it. I have advised many people to divorce their first spouse and marry their current partner. People are so fearful of that. The idea that out of sight is out of mind is a huge part of it. I think people do not really understand all the repercussions of staying married to a person and not marrying someone else. The idea of marriage was mentioned. Is it still a sacrament? I am not a religious person. It is not a sacrament for me. When I entered into a legal contract with my husband, I understood all the rights and obligations that stemmed from that. From the State's point of view, we might need to have an education campaign for people who are in these limbo situations where they are married but have been with other partners for years, and do not really know what will happen to their partners from a financial perspective when they pass away. Many people have been with their partners for 30 or 40 years, but have not divorced their first spouse. They do not leave a will and the first spouse has an automatic entitlement to two thirds of the estate, which is their legal right. People really do not know that when they decide to move on. I think the State has an obligation to educate people on the rights and obligations of entering into a marriage, because people really do not know the facts, particularly those who might have married years ago and do not have the same level of education.

I am delighted we are debating this Bill in the House today. It is really important. I will support the Government's amendment to allow for 12 months to consider the implications of the Bill. Regardless of whether the Minister decides to extend the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or to take on this Bill verbatim, and regardless of whether the Department decides to take this on matter on a cross-party basis, there is obviously a huge body of work to be done. It is not as simple as making one stroke of the pen. The issue cuts across many Departments. There is also a body of work to be done to educate people on their rights and obligations. I feel strongly about that.