Heads of the Civil Partnerships Bill 2008

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Alright most of you will be aware at this stage within the LGBT circles at least that this afternoon a certain Heads of Bill was published. Those of you who are regular readers of this particular blog(1. Whining you say, 2. A Plea for the extension of Civil Marriage, 3. Launch of MarriagEquality) will be aware of my own opinions on this issue. I believe that there should be a plethora of relationship type recognitions, including Civil marriage, Civil Partnership, Civil unions. I further believe that this should be extended to all members of Irish society, Heterosexual or Homosexual or Trans.

On a First glance, the Heads of the CP Bill appear to cover everything which I expected it to cover.

• registration,
• Head 50: Declarations as to civil partnership status.
  Provide that:
  “(1) The court may, on application to it in that behalf by either of the civil partners concerned or by any other person who, in the opinion of the court, has a sufficient interest in the matter, by order make one or more of the following declarations in relation to a civil partnership, that is to say:
  ( a ) a declaration that the civil partnership was at its inception a valid civil partnership,
  ( b ) a declaration that the civil partnership subsisted on a date specified in the application,
  ( c ) a declaration that the civil partnership did not subsist on a date so specified, not being the date of the inception of the civil partnership,
  (d ) a declaration that the validity of a dissolution of a civil partnership, annulment or legal separation obtained under the civil law of any other country or jurisdiction in respect of the civil partnership is not entitled to recognition in the State.
  
• recognition of equivalent relationships from abroad
• Head 52: Recognition of foreign relationships
  Provide that:
  “(1) The Minister may, by order, declare that a class of legal relationship entered by two parties of the same sex shall be entitled to be recognised as a civil partnership if under the law of the jurisdiction in which the legal relationship was entered –
  (a)
  the legal relationship is exclusive in nature,
  (b)
  the relationship is permanent unless the parties dissolve the relationship through the courts,
  (c)
  the legal relationship is confined to couples of the same sex or of the opposite sex, and couples of the same sex entering the legal relationship may not be within the forbidden degrees of relationship to each other,
  (d)
  the rights and obligations attendant on the relationship, in the opinion of the Minister, are sufficient to indicate that the relationship is of a comparable status with a civil partnership.
  (2) The Minister shall consult with An tArd-Chláraitheoir prior to making an order under subsection (1).
  (3) An order under subsection (1) shall entitle and oblige the parties to such a legal relationship to be treated as civil partners under the law of the State from
  (a) the date of making of the order, or
  (b) the date of entering the relationship,
  whichever is the later.
  (4) Notice of an order under subsection (1) shall be provided to the Oireachtas in the usual way, and shall also be provided to –
  (a) an tArd-Chláraitheoir,
  (b) INIS,
  (c) the Revenue Commissioners, and
  (d) the Department of Social and Family Affairs.”
  
• immigration:
  

• Head 28: Immigration
  Provide that for the purposes of the Immigration, Residence and Protection Bill 2008,
  “member of the family” and “dependent”, in relation to a person, includes a person with whom the first named person is registered in a civil partnership, provided that the civil partnership subsists at the relevant time.
  The relevant provisions are in sections 36 and 50 of that Bill.
  Provide for
  the making of provisions paralleling those relating to marriage of foreign nationals [in section 123 of the Immigration, Residence and Protection Bill 2008] in relation to registering civil partnerships.

• Succession:

• Head 29: Succession
  Provide that the Succession Act is amended:
  (1)
  in section 3 (1) after the definition of “administrator” by the insertion of “civil partner” has the meaning assigned to it by Head 2 of the Civil Partnership Act [2008];
  (2)
  in section 3(1) by the substitution of the definition of “legal right” with the following:
  “legal right” means
  a.
  the right of a spouse under section 111 to a share in the estate of a deceased person;
  b.
  the right of a civil partner under section 111A to a share in the estate of a deceased person
  (3)
  By the insertion in section 56 after each occurrence of the word “spouse” of the words “or civil partner”, and cognate expressions to be construed accordingly;
  (4)
  By the insertion in section 58 (6) after the word “spouse” of “or civil partner”.
  (5)
  By the insertion after section 67 of a provision conferring on a civil partner of a deceased who dies intestate the same share as a spouse of an intestate deceased subject to the rights of a former spouse and ensuring that the rights of children of the deceased are respected;
  (6)
  By the insertion in section 68 of “nor civil partner” after “spouse”;
  (7)
  By the insertion in section 69 of “nor civil partner” after each occurrence of the word “spouse”;
  (8)
  By the insertion in section 70 of “nor civil partner” after “spouse”;
  (9)
  By the insertion in section 82 of “or civil partner” after “spouse”;
  (10)
  By the insertion in section 83 of “or civil partner” after “spouse”;
  (11)
  By the insertion in section 85 of “or registration in a civil partnership” after each occurrence of “marriage”;
  (12)
  By the insertion in the title of Part IX of “, or civil partner” after “spouse”;
  (13)
  By the insertion in section 109 (1) of “or civil partner” after each occurrence of the word “spouse”;
  (14)
  By the insertion after section 111 of a new section 111A conferring on a civil partner of a testator a right to the estate of the deceased the same as the right of a spouse subject to the rights of a former spouse and ensuring that the rights of children of the deceased are respected;
  (15)
  By the insertion in section 112 after the words “section 111” of “or the right of a civil partner under section 111A”;
  (16)
  By the insertion of a new section 113A:
  “The legal right of a civil partner may be renounced in an ante-registration contract made in writing between the parties to an intended civil partnership or may be renounced in writing by the civil partner after registration in a civil partnership and during the lifetime of the testator.”
  (17)
  By the insertion in section 114 of “or civil partner” after each occurrence of the word “spouse”;
  (18)
  By the insertion in section 115 other than in subsection (6) of that section of “or civil partner” after each occurrence of the word “spouse”;
  (19)
  By the insertion after subsection (2) of section 120 of a new subsection 2A:
  40
  “(2A) Where a civil partner has deserted his or her civil partner for two years or more and that desertion has continued up to the death of the deceased, the first-named civil partner shall be precluded from taking any share in the estate of the deceased as a legal right or on intestacy”;
  (20)
  By the insertion in section 120(4) of “or the civil partner” after the word “spouse”;
  (21)
  By the insertion in section 121 of “or civil partner” after each occurrence of the word “spouse”.
  
  

  
  
• dissolution

• Head 14: Registration of decrees of dissolution.
  Provide along the following lines:
  “(1) When a court grants a decree of dissolution, an officer of the Courts Service authorised in that behalf by the Courts Service, shall, as soon as may be, enter or cause to be entered in the register of decrees of dissolution the particulars in relation to the matter specified in Part 6A of the First Schedule as inserted by Head 22.
  (2) When a court grants a decree of nullity, an officer of the Courts Service, authorised in that behalf by the Courts Service, shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity the particulars in relation to the matter specified in Part 7A of the First Schedule as inserted by Head 22.
  (3) An officer of the Courts Service, authorised in that behalf by the Courts Service, may amend or cancel or cause to be amended or cancelled an entry in a register referred to in subsection (1) or (2).
  (4) The Courts Service shall notify an tArd-Chláraitheoir of an amendment or cancellation under subsection (3).
  (5) This section shall have effect notwithstanding any statutory provision that conflicts with it.”

  
  
• maintenance, support and shared homes

• Head 26: Pensions
  Provide that where a contingent or survivor’s benefit or pension is provided by an employer or by a pension scheme for the spouse of a person, equivalent benefits must be provided for a registered civil partner.

• Head 34: Shared Home
  Provide that:
  “(1) In this Act "shared home" means, primarily, a dwelling in which registered civil partners ordinarily reside. The expression comprises, in addition, a dwelling in which a civil partner whose protection is in issue ordinarily resides or, if that civil partner has left the other civil partner, ordinarily resided before so leaving.
  (2) In subsection (1), 'dwelling' means any building or part of a building occupied as a separate dwelling and includes any garden or other land usually occupied with the dwelling, being land that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes, and includes a structure that is not permanently attached to the ground and a vehicle, or vessel, whether mobile or not, occupied as a separate dwelling.”
  

Ok well the obvious ones which it does not deal with is Adoption and Children. As this is a Any Sex document there will be parents entering into these CP's and their Children will not have as much protections as those children in a married relationship. Will this be dealt with it in the forthcoming Adoptions Bill 2008? I don't believe so.

Second point: Instead of producing a 175 page heads of Bill, which lists amendments to every significant piece of Irish legislation which deals with relationships, a simple amendment to the Civil Registrations Act 2004, to allow for a gender neutral version of marriage would have been just as easily done.

Am I happy with it. No. Is it a start.Yes. Just like a lot of things, "Could do better" does apply. It does not mean however I will be giving up a campaign for the lifting of the ban on same-sex marriage. But they had better hurry the *bleep* on and push it through the house before they forget about it....or the yogurt will get the better of them....

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