Dáil Éireann debate -
Tuesday, 14 Oct 2003

Vol. 572 No. 3

Written Answers. - EU Directives.

Aengus Ó Snodaigh

Question:

486 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the Government's position on a proposed EU directive that would have given recognition throughout member states to same sex partners who are registered in other EU countries; his views on opposition to this proposed directive in his capacity as Minister responsible for equality; and his further views on whether the Government's stated opposition to the directive as originally proposed contradicts the Government's commitment to the recommendations of the recent National Economic and Social Forum report advocating partnership rights for same sex couples. [23452/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Political agreement on a Council common position on the proposed directive on free movement of EU citizens and their family members was reached at the Competitiveness Council Meeting on 22 September. The Council reached agreement on a directive containing a definition of family which includes registered partnerships only where the host member state recognises such partnerships. The entry and residence of persons in such partnerships would, therefore, remain a matter for national legislation.

Ireland's position was that an instrument dealing with the free movement of EU citizens and their family members should not affect the sensitive area of family law, in which the Community does not have competence and must remain a matter for national legislation. The agreed wording of the directive allows member states which recognise registered partnerships to do so for the purpose of free movement but does not oblige other member states to recognise such partnerships if they are not a feature of their national law.

I am satisfied with the position adopted by Ireland with regard to this directive and my Department was fully involved in the discussions.