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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Cohabitants and family law rights

Summary

Deputy Bacik raised legislation to address the rights of cohabitants, citing a bereaved partner case and broader family law reform. The Tánaiste said the issue would be examined and indicated support if the Bill could be backed.

I have already raised with the Tánaiste the Report of the Special Oireachtas Committee on Gender Equality. One of the key recommendations is to have a constitutional referendum to expand the definition of family beyond the marital family. I wish to raise a specific issue around treatment of cohabitants that could be addressed by Government through legislation. Some time ago my colleague, Deputy Kelly, raised the awful situation of Johnny O’Meara who last year tragically lost his partner of 20 years and the mother of his children, Michelle Batey, who died of breast cancer. Upon her death John became starkly aware of the abject lack of supports for him and his children simply because he and Michelle had never married.

Within the Seanad Senator Wall has been pioneering our labour legislation, the Social Welfare (Surviving Cohabitant’s Pension) Bill, which would ensure that the surviving partner of a cohabiting couple would be entitled to a widow or widower’s pension. Will the Government commit to bridging the legislative gap in inequality to ensure protection for cohabitants in these situations, pending the holding of a referendum to recognise a more inclusive definition of family?

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Leo Varadkar The Tánaiste Fine Gael

We will examine that. I do not think finding a solution should have to wait until we have a referendum. I am not an expert in this area of the law whatsoever but I know in other jurisdictions there is the concept of a common law wife or husband whereby a person was not married but was de facto married and could acquire certain rights in that regard. Not being at all an expert on this area of the law, I will say no more other than that we will examine the Bill. If we can support it, we will.

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