Written answers

Thursday, 7 December 2006

Department of Justice, Equality and Law Reform

Proposed Legislation

7:00 pm

Photo of Eamon RyanEamon Ryan (Dublin South, Green Party)
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Question 14: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the action he will take following the publication of the options paper prepared by the working group on domestic partnerships; and if he will make a statement on the matter. [42035/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 30: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on the report of the working group on domestic partnerships published on 28 November 2006; if he will introduce legislation to provide for civil partnerships; when he expects that such legislation will be published and enacted; and if he will make a statement on the matter. [41913/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 14 and 30 together.

The Options Paper on Domestic Partnership prepared by a Working Group established by me in March 2006 was published on 28 November 2006. The Options paper focuses on three distinct types of non-married cohabiting relationships: opposite-sex couples, same-sex couples, and non-conjugal relationships.

The Paper presents various options for unmarried opposite-sex cohabiting couples. The options presented are: contractual arrangements, a presumptive scheme, limited civil partnership (a civil registration scheme), full civil partnership (a civil registration scheme) and legislative review and reform. The Paper also examines each of these options for same-sex cohabiting couples. In addition the Working Group considered the question of making marriage available for same-sex couples. On this issue, the Paper comments that, in view of existing and recent case law, extending marriage to same-sex couples is likely to be vulnerable to constitutional challenge and notes that a judgment on the recognition in the State of a foreign same-sex marriage is awaited in the High Court. For non-conjugal couples, the Paper considers that the pragmatic approach of legislative review and reform is the appropriate way to address specific issues.

The Government considers that significant improvements can be made within the fundamental context of the requirements of the Constitution and wants to deliver a framework in which non-married couples, including same-sex couples, can live in a supportive and a secure legal environment.

Publication of the Options Paper comes at a time of wide public debate on the question of according legal status to cohabitants including same-sex couples. The Options Paper, together with the Law Reform Commission's Report on the Rights and Duties of Cohabitants published on 1 December, are intended to inform public consultation and will assist in the formulation of policy in this area. It is intended that the development of legislative proposals will be on the basis of such consultation taking into account the views of interested groups and persons.

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