Michael McDowell (Dublin South East, Progressive Democrats)

Legislative reform in this area might then include a civil registration scheme alongside the contract and redress models recommended in the Law Reform Commission report. The working group and the Law Reform Commission suggest that such an approach would allow cohabitants either to opt-in to a set of rights and duties towards each other and attain a formal and public status or make a contract, while a failure to do either of these would trigger the availability of a redress scheme.

Extending State recognition and the protection of the law to partnerships between persons who decide to create a relationship of mutual dependence between themselves, whether that relationship is heterosexual, homosexual or non-sexual, is qualitatively different from providing a status equivalent to and attracting the same rights and entitlements as conventional marriage. Up to now, marriage has been defined as a status based on a male-female monogamous relationship for the duration of the life of the marriage. While the case law on the issue has been conclusive to date, there is the outstanding appeal to the Supreme Court in the Zappone case.

I do not consider it appropriate to address the issue in a piecemeal fashion, as this Bill would have us do. It is an insufficient response to attempt to provide a direct equivalent to marriage for same-sex couples and deem the matter to be dealt with. Our response, not just as a Government but as a society, should be coherent and well thought-out. It must take into account the wide range of differing cohabitation and family models.

I wish to take this opportunity to restate that the Government is unequivocally in favour of treating gay and lesbian people as fully equal citizens in our society. Our legislative record shows that we have put in place a comprehensive framework of equality legislation, backed by a strong equality infrastructure, to ensure people cannot be discriminated against on the basis of their sexual orientation. I have previously stated that not all same-sex couples will necessarily want an institution which only and mandatorily gives them all the rights, entitlements and duties of marriage, just as not all cohabiting opposite-sex couples would want to be in that position. That would be to give them all duck or no dinner — there is no choice. They either take on all the incidents of marriage or get no recognition for their relationship. Most people want a choice on these matters. They do not want just to be told that they will have all duck or no dinner, and that is it.

See this speech in context