Jan O'Sullivan (Limerick East, Labour)

I also commend my colleague, Deputy Howlin, on re-introducing this Bill. However, Labour Party Members had hoped he would not be obliged to so do. Were they to believe the Government's amendment the last time this Bill was debated in February, Government legislation now would be before the House and would be passed. I find this to be deeply disappointing. As for the Government amendment, despite receiving praise from several Government representatives who declared themselves proud to stand by it, it says nothing. It notes a number of matters and goes on to state its support of the "commitment in the Agreed Programme for Government to legislate for civil partnership at the earliest possible date in the lifetime of the Government so as to establish a supportive legal framework for same-sex couples in committed relationships". No timetable is included in this amendment although such a timetable was contained in the six-month period that the previous Government suggested the last time the Labour Party brought forward this legislation. The situation is now worse and no time commitment has been made.

Members have the word of the Minister for Justice, Equality and Law Reform that the heads of the Bill will be brought forward in March 2008. I refer to those who have been sending e-mails and otherwise contacting Members in the last week or so. As Deputy Ciarán Lynch has just observed, all Members know these people personally. However, there is nothing substantive in the Minister's statement that provides comfort to those people that their relationships will be recognised in the near future. In essence, such relationships do not exist at present. Consequently, they lack the rights enjoyed by those who can get married or who can form heterosexual relationships. This is to do with very practical issues such as tax, housing inheritance and the right to obtain local authority housing together.

I feel particularly strongly about couples in which one partner is Irish or European and the other is not, who have real personal difficulties in staying together because the non-European partner may not be allowed to stay in this country. I will quote from an e-mail I received in this regard:

I am an Irish citizen with an American partner — we have lived here in Ireland for a few years and it is now likely that my partner cannot stay. If this legislation passes we can hopefully register here as partners.

Later in the e-mail, the correspondent states:

I ask you to vote for this so that my relationship and the thousands of other lesbian women and gay men like me can become legally recognised by the State. It is time for Ireland to stop dragging its heels on this issue and bring in legislation now.

This is an example of a person who is suffering due to the problems caused by this delay. That is why I am so disappointed that no work has apparently been done since March in the Department of Justice, Equality and Law Reform, under either the previous Minister or the current Minister, although a considerable amount of work could have been done in that time towards the introduction of Government legislation or of proposals to amend the Labour Party Bill.

When I entered the House in 1998 I introduced a Private Members' Bill dealing with the statute of limitations for people who had suffered abuse as children. The then Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, who is now the Ceann Comhairle, accepted the Labour Party Bill and, although he amended it — we were not happy with some of his amendments — he passed the legislation. Similarly, when Deputy Shatter of Fine Gael introduced law reform measures they were amended and accepted by Government. If the same thing had been done with the Labour Party Bill, we would now be in a position to regularise the situation of people who are currently in a suspended state in which they have no rights. The last six months represent an opportunity that was not taken.

My colleague, Deputy McManus, said last night, "Come back Michael McDowell, all is forgiven." We should bring back former Deputy Máire Geoghegan-Quinn and people like her. In 1993, Máire Geoghegan-Quinn, under the Fianna Fáil-Labour Party Government, brought in legislation to decriminalise homosexuality. That took a lot more courage at that time than it would take to do what we are asking now. As pointed out by my colleagues, Deputies Kathleen Lynch and Ciarán Lynch, there was a very different social atmosphere back then. To make changes such as those that took place, Governments actually had to show leadership. It took a lot of leadership at the time, but once it was done it was no longer an issue. It also takes leadership to introduce changes now, but a lot less of it, because most people agree that these changes are needed. Deputy White mentioned that it is great to have real debate on this issue, but real debate achieves nothing. We have had enough debate. What achieves something for people's lives is legislation.

Most people in this House and across the country, with the exception of Deputy Mansergh, agree that we need equality for gay couples and that we need it now. Most people also accept that there is absolutely no constitutional impediment to this legislation. Although I do not wish to personalise the debate, the Acting Chairman, Deputy Cuffe, was with me on the All-Party Committee on the Constitution and he knows this. The definition of marriage in the Constitution refers to a man and a woman, whereas this legislation is concerned with two men or two women. There is no constitutional impediment so let us get that out of the way. This Bill could be adopted now and people would not have to wait.

I am concerned that the sentiments expressed by Deputy Mansergh may represent those of others within Fianna Fáil. I found his contribution disturbing and reactionary. He was certainly not standing by the Republic of which he often speaks in other contexts. I hope that feelings of this type are not holding back the Government from presenting legislation in this area. Views such as those of Deputy Mansergh are in the minority in this country and I am concerned that somebody of his knowledge and breadth of experience would express such anti-equality sentiments in the House. I cannot interpret his words in any other way than that Deputy Mansergh does not believe in equality in this area and that is disturbing.

I hope the Government, having listened to this debate, will appreciate the need to introduce its own legislation urgently. Preferably, if possible, it should have a change of mind before the vote today.

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