Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

In regard to the comments on the Constitutional Convention in terms of telling the citizen representatives who were members of it that it was ready-up, they are an outrageous reflection on the integrity of a process which has been being widely recognised and praised as a public deliberation process and a very genuine one. Certainly all of those who oversaw it, the academics and everyone who was involved in it will vouch for the integrity of that process.

I propose to respond to amendments Nos. 3 and 4 together. These amendments would have the effect of changing the Title of the Act from the "Thirty-fourth Amendment to the Constitution (Marriage Equality) Act 2015 to either the "Thirty-Fourth Amendment of the Constitution (Redefinition of Marriage) Act 2015" or the Thirty-Fourth Amendment of the Constitution (Marriage Without Distinction as to Sex) Act 2015". The inclusion of the phrase "(Marriage Equality)" in the Title of the Bill is factual in nature. Same-sex couples do not at present have a right to get married. Opposite-sex couples do have that right. Therefore, as a matter of fact, the rights of the two categories of couples, as many Senators have said, are not equal at present. There are explicit prohibitions in place which prevent same-sex couples from marrying. Section 2(2)(e) of the Civil Registration Act 2004 provides that it is an impediment to marriage if both parties are of the same sex. Accordingly, the Title of the Bill sets out the purpose of the proposed amendment which is to extend equality of rights in respect of marriage to same-sex couples. If the referendum is passed, the effect, as is reflected in the Title, would be to put same-sex couples on a footing of equality in terms of marriage.

The proposed Title is clear and enables the electorate to understand the decision it will have to make. The referendum commission, in the discharge of its statutory duties, will provide information to the electorate concerning the proposal in the referendum and it will be clear to the people that what they are voting on, on 22 May, will be the wording which is proposed for insertion into the Constitution, that is: "Marriage may be contracted in accordance with law by two persons without distinction as to their sex." The Title of the Bill is the Title proposed by the Government to this House and as passed in the other House. This referendum is about the wording being proposed for the consideration of the people.

In addition, amendment No. 3 would have the effect, if accepted, of being misleading. It suggests that the effect of the proposed constitutional amendment would be to redefine marriage. As I indicated in my Second Stage contribution, the proposed constitutional amendment would not redefine marriage. Marriage would continue to be regulated by statute and by the common law in the same way as at present. We are not redefining marriage, as I have said. Marriage, as an institution, will continue to enjoy the same constitutional recognition and protection as it has at present.

The purpose of the proposed constitutional amendment, as I have stated, is to extend access to that constitutionally protected institution to same-sex couples. For these reasons I cannot accept these amendments.