Written answers

Wednesday, 29 March 2006

Department of Justice, Equality and Law Reform

Citizenship Applications

11:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 249: To ask the Minister for Justice, Equality and Law Reform his intentions regarding the residency rights of Irish citizens' same sex partners from outside the European Union; the measures he intends introducing to address the current discriminatory situation that maintains; if amending legislation is planned; if his attention has been drawn to the fact that Britain has recently introduced legislation to this effect, and thus Irish citizens resident in the six counties already have the right to be joined by their same sex partners; and if he will make a statement on the matter. [12315/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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At present, when determining whether or not a foreign national should be admitted to the State to join an Irish national, a number of questions arise. One fundamental consideration in most cases relates to the extent to which the couple will in the future be in a position to support themselves without recourse to public funds. That in turn requires an evaluation of the nature and extent of the relationship between the persons in question.

Where the persons in question are married that evaluation is relatively straightforward from an administrative point of view. However, where the relationship is more informal its dynamics are more difficult to determine objectively, particularly where it is not underpinned by any formal legal contract. At present the Irish immigration system does not have any formal procedures for recognising same sex partnerships. However, the Deputy will also be aware that my Department is currently preparing an immigration and residence Bill. The discussion document, Immigration and Residence in Ireland, which I published last year, indicates the range of issues to be addressed and indicates how they are likely to be dealt with in future legislation and in future policy. Among the issues the document identifies which will need to be considered are unmarried partners and same sex relationships.

I am currently preparing regulations to implement the Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states. This will provide certain entitlements to the partner of a Union citizen where there is a durable and duly attested relationship. The procedures which will operate in this area are currently being developed. I will examine this model for possible future use for partners of Irish citizens in the immigration system.

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