Dáil Éireann Debate, Wednesday - 8 December 2004
37 Mr. Sargent asked the Minister for Justice, Equality and Law Reform if same sex relationships will be recognised for the purposes of allowing partners living outside the State to enter for the purpose of family reunification; and if he will examine the situation in the UK in order to improve the situation here. [32586/04]
View answerIn determining whether or not a non-national should be admitted to the State to join another non-national or indeed an Irish national a number of questions arise. One fundamental consideration, which arises in most cases, relates to the extent to which the couple will in the future be in a position to support themselves without recourse to public funds. That in turn requires an evaluation of the nature and extent of the relationship between the persons in question.
Where the persons in question are married that evaluation is relatively straightforward from an administrative point of view. However, where the relationship is more informal its dynamics are more difficult to determine objectively — particularly where it is not underpinned by any formal legal contract. At present, the Irish immigration system does not recognise same sex couples as families for immigration purposes. It is, of course, possible for both parties to such a relationship to enter the State independently, for example, for work or study purposes. A similar situation arises in the case of unmarried couples.
The issue of non-marital partnerships and same sex relationships is currently being considered by the All-Party Oireachtas Committee on the Constitution. It is also an issue which I intend to address in my proposed discussion document on an immigration and residence Bill, which will be published in early 2005.
