Paul Gogarty (Dublin Mid West, Green Party)

I will not admonish Deputy Cuffe, given the integral role he played in the party. I will not repeat what he said about the Civil Partnership Bill. I agree with his comments wholeheartedly and acknowledge the progress that has been made to date and his role as justice spokesperson for the Green Party in pushing this process forward for many years. I also welcome the Minister's key role in bringing this Bill before the House.

The Bill is, as Deputy Cuffe said, a significant milestone. As he outlined, it will provide new legal protection and recognition for same-sex couples. However, as the Green Party acknowledges, the legislation, while welcomed by many, does not go far enough. The Bill is not solely concerned with same-sex rights. It also establishes a redress scheme for opposite-sex and same-sex cohabiting couples, which was alluded to by the Minister, and makes provision for the recognition of various financial agreements.

In the eyes of the media, the Civil Partnership Bill is a key step in implementing the Government's commitment in the programme for Government to legislate for civil partnership at the earliest possible opportunity. It is about lesbian, gay, bisexual and transgender rights and I welcome the Bill from that perspective. However, I am realistic enough to acknowledge for that tonight, this year and perhaps several years to come, the process of equal rights for same-sex couples has reached a plateau.

Even allowing for the progress made, I know and acknowledge that this causes frustration, hurt and bitter disappointment for some who would have liked the Bill to go further. I empathise with the hurt and sense of dismay at what is after all only a partial validation of people and their humanity. How long we stay at this point depends on the will of those with the power to effect legal change or to at least give people the power to effect such legal change. While there are obstacles to full marriage, these obstacles are far more political than they are legal or social. These obstacles can and should be overcome and Ireland should and will take its place as a country that cherishes all of its citizens equally regardless of sexual orientation to join progressive countries that have already done so such as The Netherlands, Belgium, Spain, Canada and South Africa.

I am disappointed that some in Government and some in Opposition would prefer that this legislation should be as far as it goes. However, same sex marriage is still very much on the agenda I am sure this is a view shared by other colleagues in the Green Party, Fianna Fáil and across the House.

The case taken by Dr. Katherine Zappone and Dr. Ann Louise Gilligan is still before the Supreme Court, so it is still too early to tell what constitutional barriers exist terms of how marriage and family are defined under articles 40 and 41 of Bunreacht na hÉireann. However, these articles are not set in stone. It is up to those who cherish civil rights and equality to push the boundaries, to propose sensible amendments to the Constitution as required after careful deliberations and to persuade the people that such constitutional change should be supported in a referendum. This cannot happen overnight as I stated, but it would be helpful if a public commitment was given by all parties and individuals in these Houses to work together in a non-partisan way to bring about full marriage rights on an equality basis.

Progress has been painful and slow, but in today's enlightened society it should not be. In 1983 the Supreme Court upheld the constitutionality of Ireland's sodomy laws citing Article 41.3.1°, which states: "The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack." Homosexuality was a criminal offence until 1993 when it was decriminalised thanks to pressure from Europe and action by the then Minister for Justice, Ms Máire Geoghegan-Quinn. The Equality Act 1998 included gay men and lesbians in its groups to be protected against discrimination. In 2001 the Law Reform Commission recommended equal taxation and inheritance rights for same-sex couples. Now, a long and lonely eight years later, we have this Bill.

As this is a Second Stage debate I want to refer to conscientious objection clause that others have mentioned. I am glad that no solace has been given to those who want to discriminate against same-sex couples on the grounds of their differing moral or religious beliefs. Any beliefs expressed in such a public way would be in breach of the Equal Status Act in any event. While Christianity, Islam or other religions can refuse to marry a couple in the eyes of God, no one should or can refuse to provide registration functions in a civil capacity or any services at a civil ceremony. Deputy Howlin dealt with that matter in some detail. Some Members in these Houses may table amendments and I hope they are given short shrift.

Speaking of religion, we could have come much further were it not for the views of religious organisations. For example, the Catholic church has long opposed homosexuality and lesbian, gay, bisexual and transgender rights. Cardinal Seán Brady of the Archdiocese of Armagh has gone so far as to threaten the State with legal action if it proceeded with the Civil Partnership Bill. He has stated that "those who are committed to the probity of the Constitution, to the moral integrity of the Word of God and to the precious human value of marriage between a man and a woman as the foundation of society may have to pursue all avenues of legal and democratic challenge to the published legislation". It is a pity that at this time the same moral integrity, probity and tenaciousness was not put into tackling the systematic abuse by those in the institution of the Catholic church.

However, let us give credit where it is due. I was not in a position to contribute to statements on the Murphy report, but I welcome Archbishop Martin's unequivocal statements regarding those who have questions to answer. I was also happy that Cardinal Brady this week said that he was shocked and ashamed by details of what happened in the Dublin Archdiocese. He apologised to all those who were hurt and extended the apology to all the people of Ireland that the abuse was covered up to protect the reputation of the Church. He said:

I am deeply sorry and I am ashamed... No one is above the law in this country. Every Catholic should comply fully with their obligations to the civil law.

This obligation to the civil law by Catholics should also apply to any civil laws passed in this House and no obstruction should be put in the way of bringing civil marriage into Ireland. The same empathy and concern for shown for sexual abuse victims this week should also extend to the other victims in society. Deputy Cuffe spoke of our brothers and sisters and other family members who were born with homosexuality, bisexuality or transgender. I believe that is the way they are born and that should be respected. Everyone should be equal under the eyes of the State. If a person is born with a certain inclination, that should be respected. Unfortunately it has not been respected under the eyes of the church and has put pressure on those who are Catholic legislators to be obstructionist. In that context the bible quotes Jesus as saying "Render unto Caesar the things that are Caesar's, and unto God the things that are God's". If people believe that same-sex marriage is wrong in the eyes of God, let not the church marry people under the eyes of God. However, the State is different and people should have the right to be equal under the eyes of the State if we value our brethren. Therefore it is not hypocritical for the church to take a more Christian view. I believe it is a truly Christian thing to do.

As I stated earlier I welcome the Bill, but it should be a short-term sticking plaster. How quick it is improved upon depends on the level of basic respect and charity shown by those whose religious convictions lead them to believe that homosexuality - the way people are born - is somehow wrong. The question also remains as to whether our society is mature enough to amend our Constitution to allow for same-sex couples to marry in the eyes of the State. We have come a long way on this matter and much more needs to be done. At this stage the people are sufficiently mature and human to allow for same-sex marriage. Whether people are given such a choice in a referendum very much depends on political will. Whatever constitutional issues exist can be overcome if there is the political will. I urge all elected representatives in the Dáil and Seanad to press for further progress to introduce same-sex marriage as quickly as possible.

See this speech in context