Gay partnership law may recognise foreign unions

The Government's planned civil partnership scheme for gay and lesbian couples is likely to provide for the automatic legal recognition…

The Government's planned civil partnership scheme for gay and lesbian couples is likely to provide for the automatic legal recognition of civil unions or weddings in certain other countries, it has emerged.

Already, dozens of gay and lesbian couples are travelling to countries such as Canada and the UK to wed or obtain civil partnerships, in the hope their unions will be recognised in Irish law shortly.

Senior sources say that civil unions or weddings will have the same legal recognition as new civil partnerships in Ireland, as long as they meet a number of conditions.Such a provision is contained in civil partnership legislation in the UK, which recognises unions in almost 20 countries, including the US, Canada and France.

Minister for Justice Brian Lenihan has said the heads of a Bill that would allow for civil partnerships for same-sex couples will be published before the summer.

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Figures supplied to The Irish Times by the General Register Office in the UK show that almost 50 couples from the Republic have travelled to either Northern Ireland or Scotland to avail of civil partnerships. Figures are not available for England.

Canadian authorities also say they are dealing with a major influx of same-sex Europeans, especially Irish, seeking to get married.

Brian Sheehan, managing director of the Gay and Lesbian Equality Network (Glen), says many couples are hopeful that the law will soon change in Ireland.

"People want to make financial and legal commitments to each other and to have them recognised in law, even if it isn't recognised in Irish law yet. But couples also want to make a very public statement of their commitment towards each other," Mr Sheehan said.

The Government's proposed civil partnership registration scheme will allow gay couples avail of rights similar to those available to married couples in areas such as tax, pension and benefits.

However, it could take time before it is enacted, as the legislation is due to include the more complex issue of providing State recognition for cohabiting couples of all genders in long-term relationships.

Glen says the the lack of recognition causes acute hardship for gay people who have a non-EU partner.

One couple affected are Brian Hayes from Shankill, Co Dublin and his partner David Bowman, a US citizen. The pair married in Canada two years ago but Mr Bowman has no right to live here. He has obtained a work permit in order to live here legally, but he has been unable to get more secure status. They say they are unable to secure a mortgage, while they are also denied next-of-kin rights as well as tax and inheritance entitlements.

Mr Hayes, a software consultant, said: "This isn't a theoretical issue. These are major practical problems which we want to get sorted. I don't want to sound like I'm jumping on to the moral high ground, but I do feel like a second-class citizen."

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent