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Departmental Policies

Dáil Éireann Debate, Tuesday - 15 June 2021

Tuesday, 15 June 2021

Questions (931)

Thomas Pringle

Question:

931. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth his plans to change the definition of a family to allow for the recognition cohabiting couples as a family; and if he will make a statement on the matter. [30626/21]

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Written answers

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 provides for the recognition of cohabiting partners and for protections for them. It established a redress scheme for long-term opposite-sex and same-sex cohabiting couples who are not married or registered in a civil partnership. The redress scheme may be activated at the end of a relationship, whether by break-up or death, and allows a financially dependent qualified cohabitant to apply to court for certain remedies, including maintenance, pension or property adjustment orders, or provision from the estate of a deceased cohabitant. The Act also makes provision for the recognition of cohabitant agreements which regulate the shared financial affairs of cohabiting couples and enable couples to opt out of the application to them of the redress scheme.

As the Deputy is aware, Article 41.3.1 of the Constitution accords constitutional protection to the family based on marriage.

The Citizens’ Assembly on Gender Equality, which published its recommendations on 24 April 2021, recommended the amendment of Article 41 of the Constitution so that it would protect private and family life, with the protection afforded to the family not limited to the marital family.

The Programme for Government “Our Shared Future” includes a commitment that the Government will respond to each recommendation of the Citizens’ Assembly on Gender Equality. The Citizens' Assembly's recommendations are currently being considered by the Oireachtas which will identify potential next steps in this regard.

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