Written answers

Thursday, 7 December 2006

Department of Justice, Equality and Law Reform

Civil Partnerships

7:00 pm

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Question 56: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if same sex couples will be satisfied with a selective approach or a limited version of civil partnership rather than the right to marriage and full civil partnership equal to heterosexual couples; his views on whether limited rights are only acceptable in the short term in view of an urgent need to address the issues faced by couples where one partner is a non-EU citizen; and if the former, the evidence on which he bases that belief. [42051/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I refer the Deputy to my reply to Question No. 35 of 8 June 2006. I would propose to supplement that earlier response with a number of brief observations.

The Options Paper on Domestic Partnership, prepared by a Working Group established by me in March 2006, was published on 28 November. The Options Paper focuses on three distinct types of cohabiting relationships: opposite-sex couples, same-sex couples and non-conjugal relationships. The options outlined for same-sex couples are: marriage, full civil partnership (a civil registration scheme), contractual arrangements, a presumptive scheme, limited civil partnership (a civil registration scheme) and legislative review and reform. 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.

The Options Paper is intended for public consultation and, together with the Law Reform Commission's Report on the Rights and Duties of Cohabitants published on 1 December 2006, will assist in the future formulation of policy in this area.

The question of the rights and entitlements of non-EU national partners of Irish citizens, including same-sex partners, will be dealt with in the context of the proposed Immigration, Residence and Protection Bill the scheme of which I published for public consultation on 6 September 2006. Provisions, it is intended, will be set out in an accessible and transparent fashion through the medium of policy statements as referred to in the Bill.

Comments

No comments

Log in or join to post a public comment.