Seanad debates

Wednesday, 7 July 2010

Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Second Stage

 

1:00 pm

Photo of Lisa McDonaldLisa McDonald (Fianna Fail)

I accept the Minister's bona fides when he states he will move quickly on this issue.

While the part of the Bill dealing with cohabitees may be smaller than that dealing with same-sex couples, as I have stated frequently, cohabitees also need protection. We must realise that an estimated 10% of the population are gay, although it is possible that many more people are living in denial or afraid to be honest about their sexual orientation. I hope the position will change as we move towards a more tolerant society. Those people living in de facto families account for a further 12% of the population. As I noted yesterday, the Supreme Court recently rejected the concept of a de facto family. In total, therefore, 22% of the population will be affected by the legislation.

I have been contacted by many mothers of gay children who are delighted with this legislation. When children tell their families they are gay, their parents worry because they are aware of the prejudice their children will face. That more Irish people are gay than speak the Irish language speaks volumes. We must remember where we are and where we are trying to go. All young people deserve a safe and supportive environment, regardless of their sexual orientation. Tolerance is about accepting that others have the right to make choices one would not make personally. I am a married Catholic, albeit not one who always practises, who has two children. I do not have a right to expect others will live their lives as I live mine. We must realise that people have choices and are entitled to make them. People cannot help the way they are.

Donal Óg Cusack recently gave an interview on "The Late, Late Show" in which he courageously spoke about being gay. He stated his father's response on being told he was gay was that he would try to fix him. It was equally noteworthy that Donal's younger brother had patted his father on the back and told him the news would broaden his mind. Many courageous individuals deserve mention in this debate for standing up, being counted and pointing out that they deserve equality. I acknowledge the work done by the Gay and Lesbian Equality Network, GLEN, and other organisations which have fought tirelessly for gay rights.

There is a group of people who take the view that their children are normal and that they do not know anyone who is gay. Most people of my age have gay friends and are aware of the impact the current legal position has on gay people. Thankfully, this is about to change with the passage of the Bill. Once enacted, it will affect today's children and the generations to follow. Being gay, like the colour of one's skin, is about being treated as equal and securing civil rights. The Bill affords fundamental human and civil rights to a section of society. Someone once stated democracy was not about taking care of the majority but protecting the minority, albeit a rather sizeable one in this case. That is what we are doing today.

While surfing the Internet in advance of this debate, I noted the following from quotation from Harvey Milk:

It takes no compromising to give people their rights. It takes no money to respect the individual.

These words must be at the forefront of our minds, as legislators. This legislation is a long overdue but significant milestone. Speaking from experience as a family lawyer, it is high time the injustice visited on same-sex couples was removed from the Statute Book. A same-sex partner cannot even register a partner's death or sign for his or her funeral. In many areas, cohabitees cannot secure State benefits and same-sex and opposite-sex partners have been excluded from many decisions, for instance, on withdrawal of life support. These issues have been discussed in detail elsewhere. As I stated, the legislation is long overdue and I am delighted it has been brought before us.

As the Bill passes into law, we must take our hats off to the Minister; the former Taoiseach, Deputy Bertie Ahern, who gave a commitment to produce this legislation, and many other politicians who in the past 20 years courageously moved us to this position. As a younger Member of the Legislature, I believe the Republic will be much stronger when the Bill passes into law. I am proud to be a Member of the House today.

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