Parliamentary Questions - Civil Partnership & Constitutional Convention

8 Feb 2012

Written Answers from Tuesday, February 7, 2012

Question

Seán Kyne (FG - Galway West)

To ask the Taoiseach if he would indicate when the Constitutional Convention will take place; and the form he envisages it will take.

AND

To ask the Taoiseach the issues which will be examined and debated through the constitutional convention; and if civil marriage for citizens who are gay or lesbian will be on the agenda for debate and subsequent introduction to ensure equality among citizens.

Answer

Enda Kenny (Taoiseach)

The Programme for Government contains a commitment to establish a Constitutional Convention and indicates areas for it to examine, including the area of same sex marriage.

Work is proceeding on proposals to set up the Convention and these proposals will address, inter alia, the structure, membership and operation of the Convention. It is intended that they will be the subject of consultation with Opposition Parties before being finalised. It is my intention that the Convention will be set up in the Spring.

Question

Seán Kyne (FG - Galway West)

To ask the Minister for Justice and Equality if and when the legislative shortcomings of the Civil Partnership Act, which although a vitally important step in introducing equality and recognising the diverse composition of family units here, will be remedied to vindicate and realise the rights of non-biological parents and the children of families with same gender parents.

Answer

Alan Shatter (Minister, Department of Justice, Equality and Defence; FG - Dublin South )

The Programme for Government includes a commitment to amend the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 to address any anomalies or omissions, including those relating to children. In this regard, the Law Reform Commission has made detailed recommendations in its Report on the Legal Aspects of Family Relationships. In particular, the Commission recommends that legislative provisions be introduced to facilitate the extension of guardianship (parental responsibility) to civil partners and step-parents either by agreement with the other parties who have parental responsibility for the child or by application to court. The Commission's recommendations are under consideration in my Department with a view to preparing legislative proposals.