Gay Civil Partnership Heads of Bill by end of March

4red

The government promised a publication of a Heads of Bill, with regard to providing gay Irish people with civil partnership rights, by the end of March.

Today is the 31st of March.Where is it?

Contact your local TD (find their addresses here http://www.oireachtas.ie/viewdoc.asp?DocID=9093&CatID=138 )

And contact Minister for Justice Brian Lenihan at brian.lenihan@oireachtas.ie

L1011

Mailed the two FFers. Not much the Labour TD (with his famous scandal and all...) and the FG one can do about it, other than the fact that their parties will likely vote for it anyway if/when it does eventually get introduced.

Sapien

MYOB wrote: »

Mailed the two FFers. Not much the Labour TD (with his famous scandal and all...) and the FG one can do about it, other than the fact that their parties will likely vote for it anyway if/when it does eventually get introduced.

I think you'd have a better chance of getting an informative response if you were to ask a contact in the Greens. I doubt anyone would dispute that the Greens had more to do with including this commitment in the programme for government, and have had more to do with the endeavour to make it a reality.

damien

Then they can be blamed too for the fact that adoption rights are not included, it's not marriage but you have to still wait 4 years if you want to split apart again.

Greens once again show how everything can be corrupted.

4red

Two media opinions of the Heads of Bill:


IRISH INDEPENDENT Tuesday April 01 2008

The Government's plans to introduce civil partnerships for same-sex couples are reportedly set to fall well short of demands from gay and lesbian representative groups.
Reports this morning say the Government is currently finalising a Civil Partnership Bill that will give same-sex couples many of the benefits and legal obligations of marriage.
These will cover a range of areas like property, social welfare, maintenance, pensions and tax.
The dissolution of civil partnerships will also mirror traditional divorces by requiring that both parties be living apart for four of the previous five years.
However, this morning's reports say the bill will not allow for full marriage rights and will not allow gay and lesbian partners to adopt children.


THE IRISH TIMES 01 APRIL 2008

Same-sex unions to get many benefits of marriage

THE GOVERNMENT is finalising legislation on civil partnerships that will extend many of the same benefits and legal obligations of marriage to same-sex couples, writes CARL O'BRIEN , Social Affairs Correspondent.
However, it will not provide any right for same-sex couples to be considered as joint adoptive parents, despite a strong campaign by gay equality groups.
Under the heads of the new Civil Partnership Bill, which runs to more than 200 pages, same-sex partners will be able to to avail of marriage-like benefits in a range of areas such as property, social welfare, succession, maintenance, pensions and tax.
The dissolution of civil partnerships will also mirror marriage in that applications to dissolve such unions may only be made once both parties have been living apart for four out of the previous five years, just as with traditional divorce applications.
However, the legislation is unlikely to go far enough to meet demands of same-sex lobby groups who want full marriage and equality before the law for same-sex couples.
However, it is understood that last-minute negotiations are ongoing between Green Party and Government officials on whether some form of legal recognition can be provided for gay couples who already parent children, but who have no mechanism to establish a joint legal connection with their child.
Benefits in the area of tax - such as capital gains tax and gift tax - arising from civil partnerships will be provided for at a later date in the Finance Bill.
The Bill also introduces major changes for both same-sex and opposite-sex cohabiting couples who choose not to formalise their relationships, but who have been living together for at least three years, or two years if they have children.
This will involve a new "safety net" redress scheme for cohabitants who could apply to court for financial relief at the end of a relationship or death, but only if they can show they were economically dependent. The court will be able to make a number of orders in areas such as maintenance, division of pensions and property.
The changes will have major implications for tens of thousands of cohabiting couples, who now comprise 11.6 per cent of all families in Ireland according to 2006 census.
The new civil partnerships legislation comes at a time when there appears to be growing public support for gay couples to be allowed to marry. A national poll published yesterday, carried out by Lansdowne Market Research for the lobby group MarriagEquality, shows that 58 per of people agree that gay and lesbian couples should be allowed to marry in a registry office. Less than half that number, 26 per cent, agree they should be allowed to form civil partnerships but not marry.
Senior sources say the new partnership legislation will also include heavy responsibilities, as well as rights. For instance, former civil partners may potentially be liable for maintenance, and proceedings for termination of a civil partnership could involve property and pension adjustment orders.
Same-sex couples who avail of partnerships will also be subject to the law in areas covering domestic violence and barring orders.
The heads of the new Civil Partnership Bill are expected to be before the Cabinet next week. If approved, it is expected to be published shortly afterwards.
While there were plans to recognise various forms of "non-intimate" family units - such as elderly brothers sharing a house - Government officials say these plans are too complex and have been shelved.

4red

STATEMENT BY BRENDAN HOWLIN TD
Labour Party Spokesperson on Constitutional Matters on Law Reform
Monday, 31 March, 2008

F.F./ GREENS FAIL TO DELIVER ON COMMITMENT ON CIVIL UNIONS BILL


Fianna Fail and the Green Party have failed to honour commitments given that the Heads of a Bill providing for the legal recognition of same sex unions would be published by the end of March. We are now on the final day of March and no heads have been published and there is no indication as when these or the final Bill will be published, never mind enacted.

The commitments to publish Heads of a Bill before the end of March were given by Fianna Fail and the Greens when the government parties combined to vote down a Dail resolution on November 1st last which would have restored to the Order Paper, the Labour Party’s Private Members Bill, the Civil Unions Bill.

The commitment to publish the Heads of a Bill was claimed as a great political victory by the Green Party last year but like so many other promises, they have failed to ensure that it was delivered on.

It is hard to avoid the conclusion that there has been a deliberate government policy of foot dragging on this issue. The Report of the Anne Colley Working Group on Domestic Partnerships was published in November 2006. When the Labour Party tabled its Civil Unions Bill in the Dail in February 2007, the then Minister for Justice proposed a motion deferring its second reading for six months, knowing well that the intervention of the general election would effectively kill off the Bill. Then we attempted to restore the Bill to the Order Paper last, year the motion was voted down by the government accompanied by lavish promises that the Heads of a Bill would be published by March 2008.

It is now time to move beyond consultation and discussion on this issue. Gay and Lesbian citizens are entitled to expect the Dail to legislate to ensure that they have the same basis rights as other citizens. Couples in long term stable relationships face all sorts of difficulties in regard to taxation, inheritance, legal rights when a partner is ill and a whole range of issues.

These problems can be eliminated by introduction legislation to give legal recognition to same sex unions. The government should end its foot dragging and introduce the promised legislation without further delay.

ENDS CONTACT BRENDAN HOWLIN @ 087-2314671
http://www.labour.ie/press/

L1011

Sapien wrote: »

I think you'd have a better chance of getting an informative response if you were to ask a contact in the Greens. I doubt anyone would dispute that the Greens had more to do with including this commitment in the programme for government, and have had more to do with the endeavour to make it a reality.

Greens have no TDs and no councillors in my area and I don't even know of anyone in the local party. The FF TDs, to their credit, have always responded to me in a fairly timely manner since election - although neither did during their election campaign although oddly enough, every other major party candidate did...

4red

You could let your TDs and Brian Lenihan know that out of 27 EU nations, only 10 EU nations do not recognize same-sex partnerships at all: Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Ireland. (European branch of the International Lesbian and Gay Association.)

4red

On being asked in the Dail today why the heads of the
Bill were not published by the 31 of March, the Tainaiste replied that the
proposals were brought to the Government on time and that he has no exact
date for the publication of the heads of the Bill but that it would be
before the House this year.

L1011

FF TD the first has responded saying the govt. is committed to it and they're confident the bill will be published shortly. Actually responded about 6pm on Saturday at that!

Smurphette

No matter when it's published, it will never be equality. It will just enshrine our 2nd class citizenship into legislation.

It's a disgrace!

4red

Yes, but if they're not pushed they'll do nothing. A Labour TD emailed me to say they as a party have had little input from members of the gay community, and that there has to be pressure from all of us in order for any changes to be made.

I agree with you that not giving full marriage is a second-class solution. But remember the very real problems faced by some gay couples in relation to legal recognition.

So I would urge everyone to keep the pressure on the govt. especially as Cowen is even less interested in gay rights than Bertie...

Or are you all too busy wondering what to wear on Saturday night??

Annasopra

4red wrote: »

Yes, but if they're not pushed they'll do nothing. A Labour TD emailed me to say they as a party have had little input from members of the gay community, and that there has to be pressure from all of us in order for any changes to be made.

I agree with you that not giving full marriage is a second-class solution. But remember the very real problems faced by some gay couples in relation to legal recognition.

So I would urge everyone to keep the pressure on the govt. especially as Cowen is even less interested in gay rights than Bertie...

Or are you all too busy wondering what to wear on Saturday night??

Totally agree - The departure of Ahern will delay this more - By the way 4red check your private messages

4red

Pleas note an error in my previous post. It was a GREEN and not a LABOUR TD who complained about the lack of support from gay people for changing the law.

I received another email from a GREEN TD today you all might be interested in reading. I found it's logic to be fuzzy and its semantics basically indicating that the delay is due to the Green Party itself! Sufffice to say I don't trust the Greens one bit on this issue...This is what he said:

Hi ,

My apologies for the delay in getting back to you.

The Green Party Ministers are in active discussions with the Minister for Justice on the civil partnerships bill, that is why there has been a delay in publication of the heads. We would like to see civil marriage irrespective of gender but that is not what has been agreed in the programme for government. We are working hard however, to try to maximise what we want to see in the bill in the context of the programme for government commitments.

Best regards,

Ciarán

Ciarán Cuffe TD
Dún Laoghaire Green Party

Dáil Office
Green Party Spokesperson for
Justice, Equality & Law Reform,
Foreign Affairs and Transport
Dáil Éireann
Kildare Street
Dublin 2
W: 6183082
F: 6184341

Constituency Office
(Above the Pet Shop)
96 Patrick Street
Dún Laoghaire
W: 2846060
http://www.ciarancuffe.com
http://cuffestreet.blogspot.com

damien

4red wrote: »

Pleas note an error in my previous post. It was a GREEN and not a LABOUR TD who complained about the lack of support from gay people for changing the law.

Can you name that politician please? I think this is very important, if the Green Party are once again telling barefaced lies about this issue then it needs greater public attention.

damien

4red wrote: »

So I would urge everyone to keep the pressure on the govt. especially as Cowen is even less interested in gay rights than Bertie...

And your proof of that is?

4red

Quote: Can you name that politician please? I think this is very important, if the Green Party are once again telling barefaced lies about this issue then it needs greater public attention.

Paul Gogarty

4red

damien.m wrote: »

And your proof of that is?

Observation of both politicians over years would give me that impression. It's an opinion, therefore it doesn't require proof.

If you have any evidence of Cowen's support for gay rights, I'd be interested to know.

L1011

I'm near Gogarty's area, might drop him an email.... feeling it'll be "sorry I only deal with constituents" though!

damien

4red wrote: »

Paul Gogarty

Wow, I'm bloody shocked. Really.

damien

4red wrote: »

If you have any evidence of Cowen's support for gay rights, I'd be interested to know.

But I don't need evidence if it's opinion right? That's how you roll isn't it?

Annasopra

damien.m wrote: »

Wow, I'm bloody shocked. Really.

Why?

damien

Because it's so moronic. Someone needs to retake the evasiveness course in Carr Communications.

damien

After I blogged about what Gogarty said, he's responded on my blog: here

and I quote:

Typical selective politically-motivated drivel here.

who is this

If your an optimist like me, you could always hope that the reason for the delay is that it will contain something like adoption, which may cause dissastisfaction among social conservatives.

Therefore they could be waiting to pass Lisbon first to prevent a backlash from said conservatives - even if the pro-Lisbon opposition advise not to, some people will vote no simply to protest government decisions.

Since there's been so many accusations towards the Commission about holding off on key announcements about things like agriculture etc. till after 12 June, I'm surprised I haven't seen more towards the State government (haven't seen any actually).

(I'm not saying I BELIEVE this is the reason for the delay, but I consider it as definitely possible - I'm an optimist, not a fool!)

4red

Dear -,



I refer to your emails dated 31st March and 1st April 2008 in relation to the Civil Partnerships Bill. Please accept my sincere apologies for the delay in responding to you.



As my colleagues John Gormley TD, Trevor Sargent TD and I wish to have published as robust and comprehensive a Bill as possible, we are engaged in ongoing discussions with the Minister for Justice, Equality and Law Reform Dermot Ahern TD. However, we hope to have the Heads of Bill published in the very near future.



I trust this information is of some assistance in informing you as to why there has been a delay in the publication of the Heads of Bill. Should there be any other issue with which I can be of help, please don’t hesitate to contact me again.



Best regards,



Eamon Ryan TD