New protection for cohabiting couples, civil partnership rights for same-sex couples, and provision for remedies if such relationships break down will be provided for in the new Civil Partnership Bill - the outline of which will be published next March.
However, the proposed right of gay couples to adopt children is considered a separate issue, according to Minister of State at the Department of Justice, Equality and Law Reform Seán Power .
Mr Power told a symposium on lesbian and gay marriage and partnership that the heads of the Bill would establish a status relationship for same-sex couples through a Civil Partnership Registration Scheme, and would establish a "redress scheme" for qualified cohabitants, as recommended by the Law Reform Commission last year. The commission report contained a Draft Cohabitants Bill which provided for redress for "qualified cohabitants" who experienced bereavement or the break-up of the relationship.
Such redress would be available to either opposite or same-sex couples who lived together for a minimum of three years, or two years where there were children.
The redress would include an entitlement to be provided for out of the deceased cohabitant's estate, and to apply for maintenance or property or pension adjustment orders in the event of the breakdown of a relationship, where economic dependency could be proved.
"The key aim of the redress scheme is to provide protection for vulnerable dependent cohabitants at the end of a relationship, whether by break-up or death," said Mr Power. He said it would seek to achieve a balance between protecting vulnerable partners while respecting their choice not to regulate their relationship either by marriage or through civil partnership.
The Civil Partnership Registration Scheme for same-sex couples would provide for a range of consequences for registration, including a package of measures relating to tax, pensions, benefits and property. It would also deal with the legal consequence of the break-up of such relationships, including the right to apply for maintenance, and proceedings to terminate a civil partnership could involve property and pension adjustment orders.
Asked if the measures would include the right to apply to adopt children, he said that this was a different matter, and should not be confused with civil partnership. Asked about providing for a legal relationship between an existing child of onehalf of the couple and the other half, he said this had not been decided yet.
He said the Government was committed to delivering on its promise in this area as early as possible, and the legislation will be complex because of the range of rights and obligations to be provided. He stressed the special protection afforded to marriage under the Constitution meant it was not possible to legislate in certain ways, either to simply redefine marriage to encompass same-sex couples, or to define a new status relationship directly be reference to marriage.