Joe Costello (Dublin Central, Labour)

It seems that the Lenihan clan, which includes the Minister for Justice, Equality and Law Reform and the good Deputy, are playing a spurious constitutional card. I would like the Minister to publish the advice of the Attorney General in the matter so we can see precisely the position. It seems impossible that there is any offence to the Constitution which refers to marriage as the union of a man and woman when we are talking about same sex couples.

I am delighted to have the opportunity to speak on this Bill and I compliment Deputy Howlin on reintroducing it, having first introduced it early in the last Dáil. The purpose of the Bill is to give legal recognition to the partnership of two persons of the same sex. It seeks to create an equivalent status relationship for people of the same sex who cannot marry under our Constitution. It provides as closely as possible for the rules of law applying to marriage to apply also to these civil unions. As a result the Bill comprises only ten short sections and prevents an awkward knock-on effect which would require amendments to other complex areas of legislation.

Irish society has changed dramatically in recent decades, although having listened to Deputy Mansergh, one might wonder about some sections of Fianna Fáil. I must admit I was impressed by Deputy O'Connor's remarks and his commitment to this area. Irish society is now far more mature, extrovert and understanding. Church and State have a much greater awareness of their respective roles. The role of the State to legislate for all its citizens is clearly respected and recognised by all the churches. Indeed the State now fully recognises its duty in this regard.

Gay and lesbian citizens are entitled to expect that the State will provide for them the same basic rights as for all other citizens in Ireland. As legislators in the Dáil and Seanad, we therefore have a duty to address the issues where inequalities arise in the treatment of gay and lesbian citizens. We have a duty to address the constitutional bar on marriage of same sex couples with the consequent denial of a host of rights, privileges and benefits on the one hand and a host of obligations, penalties and sanctions on the other. The status relationship conferred by this Civil Unions Bill provides an avenue for approximating the rights of gay and lesbian couples under the Constitution. Indeed in the area of adoption it enhances the rights of the child. It provides for parties to a civil union who are living together to apply to adopt a child, which is welcome. More importantly, it establishes categorically in section 8(2) for the first time that the principle that the first and paramount consideration of adopting is in the best interests and welfare of the child, throughout his or her life. It also establishes the concomitant principle that no person, whether by virtue of membership of a particular class of persons or otherwise, has a right to adopt a child or any particular child or a right to preferential consideration of his or her application to adopt a child or a particular child.

Therefore, it is disappointing that this fine Bill was postponed cynically by the then Minister for Justice, Equality and Law Reform in February 2007 for six months until after the general election. That Minister prided himself on his liberal and egalitarian views, as well as his membership of Amnesty International. It is more disappointing that the new Minister, Deputy Brian Lenihan, should follow in the same footsteps and play a spurious constitutional card. I would like to see the publication of the Attorney General's advice on this. The Minister has deleted the entire Labour Party motion and replaced it with a standard Fianna Fáil amendment that kicks to touch. The Minister stated that the Government will prepare a scheme of a Bill providing a supportive legal framework for same sex couples in committed relationships sometime in the unspecified future. In spite of what people have been saying, we have no date for this.

Even more disappointing is the alacrity of the Green Party in settling so snugly into the comfort zone of the Fianna Fáil tent. Nothing illustrates that better than Deputy White, who stated today that rushed legislation is bad legislation. This Bill was published in 2006 and was debated in February 2007. It was promised within six months, but eight months have now gone by and all we get is an unspecified promise of something in the unforeseeable future. I hate to mention this as he is Acting Chairman, but it amazed me even more to listen to Deputy Cuffe on "Morning Ireland" today stating that his enthusiastic principled support for the Bill while in opposition has now become a pragmatic support for it. That is why he will be voting against the Bill today.

However, it is the Independent Deputy Finian McGrath who takes the biscuit in principled U-turns. Speaking on this Bill in the Dáil on 21 February, Deputy McGrath said:

I support this progressive legislation and unlike the Tánaiste [former Deputy Michael McDowell], I am standing by the republic. We must build and develop a republic based on equality and respect for human rights.

He ended with a ringing endorsement for the Bill:

Deputies should open their minds and hearts and support the Bill. It is concerned with accommodating and enjoying difference, diversity, powering success and the gay, lesbian and bisexual people at the heart of Ireland's progress. It is the right thing to do and I urge Deputies to support the legislation.

None of us on this side of the House could have put it better. I hope that Deputy Finian McGrath, Deputy Cuffe and the other Deputies now in the Fianna Fáil tent will examine their principles enunciated so clearly in February 2007. I hope that they will do what they know to be right and support the Bill.

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