Michael McNamara (Clare, Labour) | Oireachtas source

I am not a member of the committee, but I wish to give notice that I will table an amendment on Report Stage. I raised this issue on Second Stage and heard the Minister's reply. Effectively, the Bill abolishes civil partnership going forward, as persons can no longer enter into a civil partnership from the date the Bill is enacted.

While I welcome the Bill, as I did on Second Stage, I am not convinced of the rationale for that. I would have thought the purpose of the vote was to accommodate the myriad types of family arrangements that are in place in Ireland. I would have thought a better way to do that would be to open up civil partnership, which is currently limited to homosexual couples, to both heterosexual and homosexual couples. The Minister indicated that she had received advice from the Office of the Attorney General to the effect that this would be unconstitutional. I am slightly sceptical about the use of advices from the Attorney General that nobody can see, question or read - advices from counsel can be quite nuanced - to shut down debate in this House, which is something that has happened quite a bit in the course of this Dáil. Has the Minister specifically obtained advices from the Office of the Attorney General - I am not referring to advices that have been hanging around for years - to the effect that there is a requirement to abolish the institution of civil partnership in order to legislate for homosexual marriage? Has such clear advice been obtained? If the Minister wishes to respond to that now, I would welcome it.