Government plans to give greater recognition in law to cohabiting couples will not threaten or undermine the institution of marriage, Minister for Justice Michael McDowell insisted yesterday.
He was speaking prior to the release of a major Law Reform Commission report which recommends that couples - straight or gay - who are not married or in a civil partnership should have their rights and entitlements strengthened.
Among its recommendations are that cohabitants who have lived together for three years - or two years if they have a child - should be encouraged to enter into legally binding agreements on financial affairs such as co-ownership arrangements for property.
They would also be entitled to fairer treatment in areas such as stamp duty and capital acquisition tax, although they would not have access to extra tax credits.
A redress system should also be established which would entitle a cohabitant in certain circumstances to financial relief in the event of a relationship breaking down.
Under such a system a partner in a relationship which has broken down would be able to apply for maintenance payments, a part of their partner's pensions or a share in their property.
In practice, this would happen only depending on circumstances such as the length of the relationship, the level of economic dependence between the couple and any arrangements for financial support between the parties.
Controversially, the report also says that a couple's involvement in an existing marriage should not bar them from seeking redress, as long as any rights which an existing or former spouse may have are taken into account.
Mr McDowell said the Government would consider the Law Reform Commission's recommendations, along with the more wide-ranging options outlined in the report of a working group on domestic partnerships published last week. He said the Government was committed to providing for greater fairness between cohabiting and same-sex couples, while not undermining the institution of marriage. "The Government's view is that it is beneficial for those in cohabiting relationships, and for society, to provide some form of recognition for unmarried cohabitation. Some elements of this framework may resemble some of the attributes of marriage in law but in other respects differ substantially from marriage," he said.
He later told RTÉ's News at One: "We have to be careful that what we're putting in place doesn't amount to an alternative to marriage that is so financially attractive that marriage itself becomes burdensome."
Mr McDowell said there was also a constitutional provision under which the State was obliged to protect the institution of marriage from attack.
The Minister said he would bring proposals to Government based on the options set out in the reports, the advice of the Attorney General and the views of the people.
He said the options should be discussed in public and become the subject of a national debate.
