Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Ba mhaith liom buíochas a ghabháil leis an Lucht Oibre as ucht an deis seo a thabhairt dom labhairt ar an ábhar rí-thábhachtach seo. Is trua é gur gá dúinn teacht ar ais chuige sa slí seo. Ba chóir dúinn déileáil leis mar reachtaíocht os comhair an choiste dlí agus cirt. Aontaíonn Sinn Féin gur chóir dúinn ceart pósadh agus uchtáil clainne a thabhairt do cúplaí den gnéas céanna. Tacaímid chomh maith go bhfuil an ceart ag daoine nach bhfuil pósta, mar aon le daoine den gnéas céanna, bheith páirteach i bpáirtnéireachtaí sibhialta.

Tuigim gurb é Sinn Féin an chéad páirtí a dhein iarracht an cheart seo a achtú nuair a mhol mo chomhghleacaí, an iar-Theachta Seán Crowe, leasú ar an mBille um Chlárú Sibhialta 2003 ar Chéim an Choiste. Dhein sé iarracht aitheantas cothrom a thabhairt do phósadh cúpla den gnéas céanna. I 2004, rinne mé iarracht leasú a chuir faoi bhráid an iar-Aire, Michael McDowell, nuair a bhíomar ag plé an Acht um Chomhionannas 2003. Bhí mé ag lorg míniú níos fairsinge a chuir ar an téarma "stádas pósta" chun aitheantas a thabhairt do pháirtnéireachtaí den ghnéas céanna. Sna aighneachtaí a sheol Sinn Féin chuig an Comhchoiste ar an mBunreacht, rinne mo pháirtí iarracht míniú níos leithne a chuir ar "clann" chun cúplaí den gnéas céanna a chlúdach. Níor ghlac an Rialtas leis na moltaí úd, áfach, cé go bhfuaireadar tacaíocht ó daoine eile ag an am. In ár bhforógra i mbliana, gheall Sinn Féin go ndéanfaimid cinnte de, agus muid i Rialtas, reachtaíocht a thabhairt isteach chun aitheantas dleathach a thabhairt do chúplaí den ghnéas céanna agus chun pósadh d'aon-ghnéas a cheadúint dá réir. Tá sé fós i gceist againn aitheantas iomlán agus cothromas dleathach a thabhairt do pháirtnéireachtaí sibhialta. Ba mhaith linn cead a thabhairt do chúplaí d'aon ghnéas páistí a uchtú ar an bhonn céanna le gnáth-cúplaí.

Our record on this issue is clear and unambiguous. Until a few months ago the same could have been said about the Green Party. In fact, it supported Sinn Féin's same sex marriage amendment in 2003. At the time it was the only party to support us on the matter. As others have alluded to, in the previous debate on this Bill just eight months ago Deputy Cuffe stated the Green Party, like Sinn Féin, "would go further and give the right to marry to all same-sex couples". He criticised the Government for dithering on the matter. I expect a few of his party colleagues will deny the Government is dithering.

Speeches by Green Party Members will probably be indistinguishable in any meaningful way from any of those made from the Government benches in February. We will hear the same promise to bring forward legislation as soon as possible, the same assurance of the Government's alleged commitment to equality for gay men and lesbians, and the same spurious suggestion that the Bill before us would not stand up to judicial scrutiny. These were "hollow words," to use Deputy Cuffe's phrase when the Government used them in February and they are hollow now, as the Green Party knows. All of the Government parties know it, as do the Opposition parties. Those watching the debate from the Visitors Gallery also understand that what the Government is offering is hollow words, as will those who will watch the debate on television or read an account of it later.

I urge the Green Party, for which I had respect, even at this late stage to take the principled stand it was willing to take in February to progress this motion. At that time Deputy Cuffe stated, "this Legislature needs to take a brave step forward," but that is not what it is doing. Luckily, there are Members on the Opposition benches who are trying to ensure the Houses of the Oireachtas will be willing to take a brave step forward to introduce equality in society. I regret there has not been a change in attitude by the Government, despite a promise in February that we would see progress on this legislation.

Last February when I spoke on this matter I reminded the Government that it was under a further obligation to introduce equality protections for the communities in question under the terms of the Good Friday Agreement's equivalence provisions. Under British legislation, lesbian and gay couples in the Six Counties now have broadly equivalent rights to those enjoyed by married couples. Both the Equality Authority and the National Economic and Social Forum have called for the State to level its equality legislation by introducing similar provisions. The report endorsed by the Equality Authority and the Six Counties Equality Commission, "Equivalence in Promoting Equality", issued in December 2005, stated:

"...[the reforms] need not precisely replicate UK legislation. However, legislation is required to protect and give effect to equal treatment of transsexual people and lesbian and gay couples under the equivalence requirement [of the Good Friday Agreement]".

New international instruments and court challenges can prompt the Government to act but it should not drag its heels and wait for either. It should legislate proactively for the progression of human rights in a modern and changing society.

Another step that needs to be taken urgently is one highlighted earlier this month by the Equality Authority, namely, the need to amend the equality laws to provide protection for gays, lesbians, bisexuals and transgendered people employed in religious-run schools. The current law contains an exemption which allows such institutions to discriminate on the basis of a person's sexual orientation or family status. This is unacceptable in this day and age, particularly in publicly-funded schools. It also means that even if the Government finally gets off its arse and passes a Civil Unions Bill in the near future, it will be useless for many gay and lesbian teachers who are afraid to enter a civil partnership because it might mean losing their job. If the Government wants to demonstrate a genuine commitment to equality, it cannot continue to tolerate a situation where gay and lesbian teachers can be effectively barred from employment in over 90% of State schools and are forced to lead a double life under the so-called equality legislation.

Another issue necessitating Government action but suffering typical Government inaction is the need for provisions to protect the privacy rights of transgendered people. In 2002 the European Court of Human Rights ruled against the refusal of the British courts to allow a transgendered person to amend her birth certificate on the grounds that this violated her rights as guaranteed by the European Convention on Human Rights. Following this judgment, Britain introduced a Gender Recognition Act in 2004 providing transgendered people with legal recognition of their proper gender and a mechanism by which they could obtain amended birth certificates.

In Ireland, in the same year, the High Court found against Dr. Foy and her efforts to have her gender changed on her birth certificate. The court did, however, urge the Government to address the registration of people who have undergone gender reassignment due to a gender identity disorder. Despite this, the Government failed to act, leaving Dr. Foy with no option but to continue her struggle via the courts again. On this occasion, she succeeded in getting a ruling that her rights had been violated by the State's failure to provide her with a new birth certificate.

The judge presiding over her case also ruled that an order stating that Dr. Foy's privacy had been breached must be placed before the Houses of the Oireachtas within 21 days of the wording of that statement being completed. Will the Minister confirm whether he has received that order or whether he expects to do so in the coming days? Dr Foy has waited long enough. The least she is entitled to is for the Government to act quickly to rectify the miscarriage of justice it perpetrated against her for so long.

I conclude by stating that while Sinn Féin supports the right to civil partnership, we believe it should not be seen as a substitute for the right to marry. Full equality for gays and lesbians will be achieved only when same sex couples can enter into either civil partnerships or marriages, according to their choices. As I stated in February when the issue was debated, the Civil Unions Bill is a step in the right direction. I urge the Government parties, in particular the Green Party, to stop dithering and making excuses, and to support the motion to progress this legislation immediately in the interests of basic equality and human rights for the gay and lesbian community in Ireland.

Molaim don Rialtas gur féidir linn, más gá, leasuithe a dhéanamh ar an mBille seo ar Chéim an Choiste, mar a rinneamar go minic cheana. Bhí mé i gcoinne an iar-Aire Dlí agus Cirt, Comhionannais agus Athchoirithe Dlí, Michael McDowell, sa Dáil deireanach nuair a thóg sé leasuithe móra millteanach isteach, ach níl sé sin i gceist agam sa chás seo. Is féidir linn Billí a leasú — bíonn Céim an Choiste agus na Tuarascála againn chun a bheith cinnte go bhfuil Bille foirfe againn sa deireadh thiar. Ní féidir linn déileáil leis i gceart ar an Dara Céim, áfach. Má ghlacfaimid leis an rún seo, is féidir linn déaileáil leis an ábhar seo i gceart sa choiste nua atá bunaithe le seachtain anuas.

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