Jim O'Keeffe (Cork South West, Fine Gael)

The Labour Party has challenged us all this evening. On behalf of the Fine Gael Party, I am prepared to rise to that challenge. Fine Gael believes in the general principle put forward by the Bill, particularly the statutory provision for a civil alternative for those who do not wish or who cannot marry for one reason or another. This is not surprising, in the context that the Fine Gael Party was the first political party in the State — four years ago — to produce a major policy document on the concept of civil partnership.

I support in principle the Bill put forward by Deputy Howlin. I do not accept every provision in the Bill and wish to put down a marker with regard to one provision in particular. I do not agree with section 8 of the Bill which would allow couples who have entered into a civil union under the legislation to adopt in Ireland. I say this in the context that adoption rights did not form part of the Fine Gael document. At the time, it was felt that adoption was a complex area that warranted further detailed study.

Including the issue of adoption in the context of the Labour Party Bill muddies the water somewhat. The issue of adoption still requires further analysis and should not be provided for in the Bill, but we can deal with that. As Deputy Howlin said, we have a procedure in the House whereby when one does not agree with all aspects of a Bill, one can put forward a Committee Stage amendment. I would be quite happy to do that in this case. While one may not accept every provision of the Bill, it would be more beneficial to immediately allow all cohabiting couples to avail of the rights specified and then revisit separate issues such as adoption.

As far as Fine Gael is concerned, I am not here to say "me too". However, the point made with regard to same sex couples and opposite sex couples was well made. There is a case for a Bill that makes civil union available to both same sex and opposite sex couples. Again, this is an issue that could be considered on Committee Stage. I accept that some people may say it is an attack on marriage or that others will say it is not fair or equal to have discrimination, as it were, in favour of same sex couples, but it is an issue that could be dealt with on Committee Stage.

I cannot accept the Government attitude in the area of policy. There are controversial issues, but let us face them. We have a parliamentary process for so doing. If one does not agree with all the aspects of particular legislation, one can table a Committee Stage amendment and deal with it in that manner. Why then does the Minister tell us we should put the issue off, effectively sine die? He suggests six months, beyond the life of the current Parliament, when he will be out of office and have no further responsibility in the matter. We will find a suitable replacement.

One line of the Minister's speech stands out. He said he wanted to take this opportunity to restate that the Government is unequivocally in favour of treating gay people as full, equal citizens in our society. How can that be squared with kicking the Bill to touch and not confronting the issues raised in the Bill?

Some people who make submissions think politicians take no notice of their submissions. When looking into the background of the Bill, I looked at the report of the All-Party Committee on the Constitution and was struck by a submission made by the gay caucus which asked the question: Gay people, who are they? The response was: "Gay people are your sons, daughters, sisters, brothers, cousins, nephews, nieces, uncles, aunts and even spouses; they are your co-workers, friends, neighbours and co-siblings".

We are talking about all these people, but why do we continue to treat them differently? Why do we not take this chance to confront the issues and give them the kind of rights set out four years ago in a policy document by Fine Gael and which the Labour Party is now attempting to cope with in legislative form?

The gay caucus submission pointed out that while law can seem cold and abstract, it has consequences for real flesh and blood people. The consequences for cohabiting gay people are that they pay higher income tax, capital gains tax, stamp duty, inheritance and gift tax. Their non-Irish spouse cannot easily work or live in Ireland. They may face discrimination in pension benefits. In cases of domestic violence they are less protected by the law because they cannot claim barring orders under the Domestic Violence Act 1996. They may not be recognised as next-of-kin if their partner is hospitalised. The partner of a deceased gay person will have no entitlement equivalent to that of a spouse to a share in the estate of the deceased person and so on. The submission finished with three words: "Is this fair?"

Is the answer we are giving from the Dáil tonight, that we are not prepared to confront the issues and not prepared to make an honest attempt to try to put in shape a process that would deal with the obvious discrimination in our society? This is the reason that, while I do not support all aspects of the Bill, I suggest we should all support it in principle. Let us refer it to Committee Stage and try to work out an acceptable format that will get all-party consent, or if that is not possible that we will end with legislation that will end this disgraceful discrimination.

The Minister referred to speaking in the Seanad on the issue, but if I remember correctly, he adopted the same attitude there. That was two years ago when Senator Norris introduced a Bill along similar lines. In passing, I compliment Senator Norris on having done so much for the cause of equality. At the time of that Bill, the Minister again kicked for touch, but nothing has been produced in the meantime.

The Minister said he wanted to await the report of the all-party committee on the matter. The All-Party Committee on the Constitution reported and recommended that legislation could extend to such couples a broad range of marriage-like privileges without any need to amend the Constitution. The all-party committee has, therefore, stated there is an open door as far as the Constitution is concerned. We can deal with the issue without a constitutional amendment. Why do we not deal with it?

The Law Reform Commission also reported on the issue and produced an excellent report on the rights and duties of cohabitants. The working group set up within the Department of Justice, Equality and Law Reform has given its view too. As usual, we have heard positive noises from the Taoiseach, but that is about as far as he goes from the point of view of achieving anything. Over two years ago the Taoiseach stated, "These people who are in relationships which are not illegal, they are not immoral, they are not improper, they say: "We want more equality and we want to be treated fairer"." I agree with that, and it is what this Bill envisages. However, the Taoiseach and Ministers have refused it in the House, suggesting instead that we postpone consideration once more. It is reminiscent of St. Augustine, who asked God to make him pure, but not yet. Why do we not confront the issues, even if they are controversial? Why do we not make an honest attempt to deal with them? That is my main criticism of the Government.

The Tánaiste has said that the Dáil should pass legal reforms that formally recognise those who have entered into a civil partnership with each other, regardless of their sexuality, and allow the surviving half of such partnerships to acquire next-of-kin status. Why do we not do that? What is holding up the process? Why is this disgraceful discrimination allowed to continue? Anyone can die intestate after being hit by a bus, and anyone thus affected could suffer disgraceful discrimination tomorrow or at any time unless we are prepared to confront the issues.

That is where I fault the Government, since no legislation has been produced to address the sorts of issues touched on in that submission. There have been many promises, announcements and noises, but just as with so many other areas, nothing has followed.

Fine Gael has no difficulty confronting such issues, since it does not pretend to have the answer to every problem. However, we made an honest effort to introduce proposals four years ago. We are also prepared to participate with others in attempts to reach a broader consensus on such issues. This Bill has taken on board many of the principles of Fine Gael policy. When we published it, we did so in the teeth of great opposition. However, we were ahead of our time, and it is now clear that a broad view exists that such issues should be tackled. Last year an opinion poll showed that 84% of people believed that same-sex couples should be given some form of legal recognition. The public wants it, as do the Labour Party and Fine Gael, so why do we not go ahead and do it? Over half of those surveyed believed that same-sex couples should be allowed to marry. Some 33% favoured civil partnerships and, above all, only one in ten said that there should be no legal recognition of same-sex relationships. However, if we do as the Government wishes regarding this Bill, that is what will happen, since the current situation will continue indefinitely, sine die. That is what the Government proposes.

Let us recall what we are discussing and what we must do. If a partner dies intestate, the surviving partner should be entitled to his or her entire estate and not be liable to inheritance tax. Why do we not provide for what applies in a marriage? As far as next of kin are concerned, a civil partnership would bestow such status on a registered partner. Then there is the issue of pensions. In the event of the death of a registered partner, the surviving party would be entitled to benefit from pension provisions in the same way as married couples under the same State or private scheme.

Taxation was touched on in the submission that I quoted. I support the equivalent of the married tax-free allowance and mortgage allowance being conferred on registered couples. For the purposes of social welfare benefits, registered couples would be considered adult dependants and assessed according to their joint income. It is of relevance in the context of workplace entitlements. Registered partners should be entitled to compassionate leave from their employers in the event of serious illness or the death of their partner along the same lines as married couples. It is almost universal practice nowadays that new homes are bought in the names of both partners. The Family Home Protection Act 1976 should be widened to include registered couples.

Those are the basic tenets of Fine Gael policy and, almost in its entirety, that of the Labour Party, which also covers those provisions. Differences can be ironed out, and that is why the Government should change its approach between now and tomorrow evening. It may not accept everything in the Bill, just as I do not accept everything, as I have made clear. However, on the broad approach and the need to take legislative action and grant recognition, let us agree in principle. The purpose of the Second Stage of any Bill is to agree broad principles, while the Committee Stage irons out differences on individual aspects. The proper approach would be to allow this Bill through and let us confront the issues, including controversial ones, in detail on Committee Stage. Let us iron out our differences but not kick the issue into touch once again.

The Government amendment has pointed out constitutional vulnerability, but that can be overcome. I accept that any Bill must comply as far as possible with the Constitution. However, that can be achieved. Let us work together on it and try to ensure that the outcome is a Bill that is not vulnerable to constitutional challenge. The Government contention is that this Bill could be vulnerable, and I suspect that it might be true regarding adoption, although I am not in favour of that provision. Where there are difficulties, let us do what is constitutionally possible and leave aside aspects that might give rise to constitutional challenge. That is the practical approach that I suggest on behalf of Fine Gael.

I do not say that from a political perspective. It might not be the most important issue in my rural constituency of west Cork, but it affects everyone, and where there is inequality, injustice and unfairness, it affects all parts of the country. Surely the least that we can do as legislators in such circumstances is make an honest effort to confront that. As a party that aims to take a lead role in the next Government, Fine Gael is determined to implement an agenda of reform and fairness, and not only as a gesture to the Gallery. We do not simply want to please lobbyists. We want a change that will remove the injustice and inequality that I have mentioned. Of course we will not do anything that will go down in flames in the Supreme Court, as suggested by the Minister.

Before concluding, I will make a last plea. We all realise that there is a problem that affects every part of the country and supporters of every political party. Let each of them rise to the challenge very properly laid down by the Labour Party. Let us try to find a way to overcome this disgraceful discrimination, unfairness and injustice. The way to do so is to allow the Second Stage of the Bill to pass. Let us go to the committee and try to iron out the details and produce a consensus acceptable to all parties.

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