The Law Reform Commission has recommended that cohabiting couples should be given greater rights even if they choose not to marry or avail of the Government's plans to introduce civil partnership laws.
The recommendation comes in the commission's report on Rights and Duties of Cohabitants which was launched this morning in Dublin.
The commission defines cohabitants as opposite sex or same sex couples who live together in an intimate relationship and who are not related to each other.
Among the recommendations made in the report are that cohabiting couples should only be able to avail of tax and inheritance benefits similar to those available to married couples if they have been living together for at least three years
In addition, the commission calls for a general recognistion of cohabitants under socal welfare law, private tenancy law, in health care settings and under domestic violence law. It adds that couples should be encouraged to enter into legal agreements on financial matters.
It also recommends the introduction of a 'safety net' redress system should be introduced which would enable cohabitants to avail of financial relief in the event that a relationship breaks down.
Justice Minister Michael McDowell, who addressed the commission's annual conference this morning, welcomed the report admitting that Irish laws in general treat cohabitants less favourably than married couples.
"Irish society has changed greatly in recent decades and family law has not evolved at the same pace to match the altered social reality. The reality is that many people now reside in domestic relationships which are not founded on marriage. Cohabiting couples accounting for more than one in 12 family units in 2002 as against one in 25 in the previous census in 1996," said McDowell.
"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," said McDowell.
The Gay and Lesbian Equality Network (GLEN) also welcomed the report. However, the campaign group insisted lesbian and gay relationships will continue to be disadvantaged and discriminated against until civil marriage is extended to include same sex relationships.
"The recommendations in this report are ambitious and are to be applauded in comprehensively providing for the increasing numbers of people who do not want to marry," said Kieran Rose, GLEN chairman.
"However the choice of marrying and the protection afforded by marriage is currently only open to heterosexual people — and the impact of this inequality within the lesbian and gay community cannot be understated."
Additional reporting PA
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