Opposition backing proposals on cohabiting

Opposition parties have called on the Government to act on the recommendations of a Law Reform Commission report calling for …

Opposition parties have called on the Government to act on the recommendations of a Law Reform Commission report calling for greater legal rights for cohabiting couples.

Labour's spokesman on justice, Mr Joe Costello said: "Long-term cohabitation is now a regular feature of modern-day life in Ireland and it is time the law reflected this.

"There needs to be proper legal protection for both heterosexual and homosexual couples in a legally-defined relationship."

Green Party justice spokesman, Mr Ciarán Cuffe, said legislation should be enacted "at an early stage".

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"These relationships should be recognised in law, and provision should be made for bestowing rights and duties," he said.

In its report, published yesterday, the commission said cohabiting couples should be entitled to significant tax breaks on property that they inherit from their partners.

It also called for such couples to be able to access the courts in certain cases for arbitration on property and maintenance issues if the relationship breaks down.

The report did not address the question of whether cohabiting couples should be officially recognised under a State registration scheme, as desired by campaigners, including Independent Senator Mr David Norris.

Considering such a registration scheme "would require a paper of its own", the commission said.

In the meantime, however, "substantial" reforms could be delivered through the commission's recommendations. The body noted there were 77,600 family units consisting of cohabiting couples in 2002, an increase of 46,300 from six years earlier, according to census figures.

Among the proposals are that cohabitees be allowed to apply for relief under succession law where no will has been made, granting cohabitees greater recognition in health-care situations and decision-making, and the extension of the definition of cohabitation in social welfare legislation to include those in same-sex relationships.

The commission said the proposals were provisional as it planned to consult with interested parties before publishing final recommen-dations.

The deadline for receipt of submissions on the document is September 30th next.

Mr Costello said reform of the law "is just one important step towards the provision of much needed rights for cohabitees".

"The Labour Party welcomes the LRC proposals and urges the Government to take them on board," he said.

Joe Humphreys

Joe Humphreys

Joe Humphreys is an Assistant News Editor at The Irish Times and writer of the Unthinkable philosophy column