THE GOVERNMENT is finalising legislation on civil partnerships that will extend many of the same benefits and legal obligations of marriage to same-sex couples. However, it will not provide any right for same-sex couples to be considered as joint adoptive parents, despite a strong campaign by gay equality groups.
Under the heads of the new Civil Partnership Bill, which runs to more than 200 pages, same-sex partners will be able to to avail of marriage-like benefits in a range of areas such as property, social welfare, succession, maintenance, pensions and tax.
The dissolution of civil partnerships will also mirror marriage in that applications to dissolve such unions may only be made once both parties have been living apart for four out of the previous five years, just as with traditional divorce applications.
However, the legislation is unlikely to go far enough to meet demands of same-sex lobby groups who want full marriage and equality before the law for same-sex couples.
However, it is understood that last-minute negotiations are ongoing between Green Party and Government officials on whether some form of legal recognition can be provided for gay couples who already parent children, but who have no mechanism to establish a joint legal connection with their child.
Benefits in the area of tax - such as capital gains tax and gift tax - arising from civil partnerships will be provided for at a later date in the Finance Bill.
The Bill also introduces major changes for both same-sex and opposite-sex cohabiting couples who choose not to formalise their relationships, but who have been living together for at least three years, or two years if they have children.
This will involve a new "safety net" redress scheme for cohabitants who could apply to court for financial relief at the end of a relationship or death, but only if they can show they were economically dependent. The court will be able to make a number of orders in areas such as maintenance, division of pensions and property.
The changes will have major implications for tens of thousands of cohabiting couples, who now comprise 11.6 per cent of all families in Ireland according to 2006 census.
The new civil partnerships legislation comes at a time when there appears to be growing public support for gay couples to be allowed to marry. A national poll published yesterday, carried out by Lansdowne Market Research for the lobby group MarriagEquality, shows that 58 per of people agree that gay and lesbian couples should be allowed to marry in a registry office. Less than half that number, 26 per cent, agree they should be allowed to form civil partnerships but not marry.
Senior sources say the new partnership legislation will also include heavy responsibilities, as well as rights.
For instance, former civil partners may potentially be liable for maintenance, and proceedings for termination of a civil partnership could involve property and pension adjustment orders.
Same-sex couples who avail of partnerships will also be subject to the law in areas covering domestic violence and barring orders.
The heads of the new Civil Partnership Bill are expected to be before the Cabinet next week. If approved, it is expected to be published shortly afterwards.
While there were plans to recognise various forms of "non-intimate" family units - such as elderly brothers sharing a house - Government officials say these plans are too complex and have been shelved.
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