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Dáil Éireann debate -
Wednesday, 17 Nov 1993

Vol. 435 No. 10

Message to Seanad: Motion.

I wish, at this stage, to propose that discussion of the remaining Seanad amendments be deferred to another day in order to facilitate consideration being given to the insertion in the Bill of an additional amendment which relates to section 7. The background to my proposals is as follows. When this Bill was debated in the House at an earlier stage, Deputies were most anxious that the provisions in section 7 should be subject to independent legal advice. I took on board those concerns in an amendment which I introduced on Report Stage in this House.

However, the existing draft of the section contains an anomaly which I should like to remove. In brief, as matters stand, it will be necessary for a benefiting spouse to get independent advice from a lawyer before he or she opts out, but if the party who would benefit from the joint ownership is comtemplating marriage, he or she would be free to opt out without obtaining any such advice. It is desirable that spouses and individuals contemplating marriage be on an equal footing. Accordingly, I am now moving the necessary motion in the following terms.

I move:

That a message be sent to the Seanad acquainting it that the Dáil has agreed to amendments Nos. 1 to 9 and has postponed further consideration of the remaining amendments to enable the Seanad to consider whether a further amendment should be made by it in relation to section 7 of the Bill by the addition to subsection (2) (c) of that section of "and, in relation to persons contemplating marriage, ‘spouse' and ‘other spouse' include whichever of those persons is appropriate in the context".

Is it agreed that a meassage be sent to the Seanad in the terms outlined by the Minister?

Question put and agreed to.

Further consideration of the Seanad amendments is, accordingly, postponed.

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