CIVIL PARTNERSHIP rights for gay and lesbian couples are within sight following the publication of the heads of the Civil Partnership Bill. This follows a long period of campaigning by gay and lesbian organisations, along with studies from human rights bodies, including the Human Rights Commission and the Equality Authority.
The proposed Bill covers such areas as recognition of civil partners in relation to inheritance rights, pensions, taxation, social welfare and a shared couple's home. It will also give recognition to civil partnerships or marriages contracted abroad which meet the same criteria as Irish law. It provides for the dissolution of such partnerships and for "proper provision" to be made for each partner. Despite the reservations of some activists at the absence of full marriage status, the Bill represents a good balance between the legitimate aspirations of same-sex couples and intractable constitutional problems that would arise if an attempt was made to introduce same-sex marriage.
The Bill also introduces measures to protect dependent partners and children in cohabiting relationships. Recognition will be given to cohabitation agreements, and if a relationship breaks down the dependent partner will be able to apply to the court for a range of reliefs after three years of cohabitation, reduced to two if there are children in the relationship.
Potentially, this affects an even larger number of people than the provisions for same-sex couples. It introduces presumptive rights into this unregulated area. So far these provisions have received little attention or debate. It could mean that people who live together may have rights and obligations that they are, at best, only dimly aware of and may not even accept. Unless these provisions are widely discussed and accepted, they could lead to considerable litigation.
The Bill makes no provision for recognising the place of children either in civil partnerships or in cohabiting relationships where they might not be the biological children of both partners. The situation where a child was conceived by donor insemination to one partner in a lesbian couple is likely to be considered by the Supreme Court. But there are other situations, where, for example, one partner already has a child from a heterosexual relationship and the same-sex couple is now raising the child, which requires legal clarification.
The publication of the heads of the Bill is a very good start. There is time for anomalies to be addressed.