Emmet Stagg (Kildare North, Labour)

I am pleased to have the opportunity to make a short contribution to this debate. I congratulate my colleague, Deputy Howlin, on introducing this measure. This is an historic occasion for the Dáil as it is the first time such a measure has been brought before this House. If it is passed and eventually becomes law, it will represent a significant step towards the provision of full equality for gay and lesbian citizens and particularly for those in same sex relationships.

The Labour Party is proud of its record in showing political leadership on equality issues since the foundation of the State. It was Barry Desmond and Deputy Howlin who introduced legislation that provided for the easier availability of contraceptives, thus enabling couples to plan their families and reduce the number of crisis pregnancies. The Labour Party in Government provided the impetus for the legislation that decriminalised homosexual activity between consenting adults.

Indeed, it was ten years ago this month that the constitutional referendum, piloted by the former Minister for Equality and Law Reform, Mervyn Taylor, went before the people and was passed — albeit by a very narrow majority. People will recall that during the referendum campaign there were all sorts of scare stories put about that the introduction of divorce would lead to the collapse of marriage as an institution and the disintegration of the family. "Hello divorce, Goodbye Daddy" was one of the milder slogans touted at the time. We were told the courts would be clogged up dealing with endless disputes that would make huge amounts of money for lawyers. In fact we can see from statistics released this week that nine out of ten cases of divorce or judicial separation are settled before ever going to court.

Divorce was a social change that many people feared, but it did not damage marriage or the family. There are those who genuinely believe that what we are proposing would also damage marriage and the family. I believe these fears are groundless.

This Bill is about extending basic civil rights to couples in long-term stable relationships who currently enjoy few rights or entitlements under the law. If one person in a same sex relationship falls seriously ill, the partner has no legal standing. If one person in a same sex relationship dies, the partner has no entitlement to inheritance. Same sex couples do not enjoy the same rights or entitlements regarding tax or social welfare. Our Bill seeks to create an equivalent status relationship to marriage for the benefit of people who are of the same sex. It provides that, in most respects, the rule of law applying to marriage will also apply to civil unions. Those who enter into a civil union will essentially have the same rights, but also the same obligations as those who are married.

Despite the Taoiseach and the Tánaiste both having made sympathetic noises, and despite the publication in November 2006 of the report of the committee on domestic relationships, chaired by Anne Colley, the Government has failed to honour commitments to bring forward legislation to give legal recognition to same sex unions. When asked about the issue in June 2006 by the leader of the Labour Party, the Taoiseach said he certainly would not rule out the possibility that we could at least start, if not complete, a legislative process over the winter.

Having failed to deliver on their own commitments, I hope the Government parties will at least withdraw their amendment and allow this Bill to proceed to Committee Stage, where the complex issues involved can be teased out in much more detail.

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