Mary White (Carlow-Kilkenny, Green Party)

I welcome the debate on this Private Members' Bill. Like many other Deputies, I praise Deputy Howlin on the work he has done in drafting this Bill and enhancing the debate on civil partnerships for same sex couples. The Bill attempts to deal with a range of complex issues, such as one's capacity to enter a civil union, pre-nuptial agreements, breakdown, disputes and cohabitation, areas where, until now, people in same sex relationships have had no legal protection.

I take pride in the Green Party's contribution in raising this issue in recent years. The Green Party produced a radical document in 2006 in which we put forward a range of proposals to address the fundamental inequalities which exist between those in opposite sex relationships and those in same sex relationships. Our party stands for liberty and equality. It does not believe the law should discriminate against minority groups in their needs for the legal security and protection the majority enjoy.

The issue of protection for same sex couples, and recognition of their right to have their partnerships formally recognised, has for too long been ignored. People are being legally ignored or punished for being in the minority. Same sex couples have often felt the need to live in secrecy because of unnecessary shame. The State's lack of recognition of such couples has played a part in fostering this situation. Now more than ever, we live in a diverse society where traditional family structures and relationships are becoming less conventional. The nuclear family has changed. Last year's census reported 121,000 cohabiting couples in Ireland, over 2,000 of whom were same sex couples. We need to accept these realities and recognise them in legislation. Acknowledging traditional prototypes is one thing, but failure to protect those outside the norm is another.

As we debate this Bill, we should also acknowledge the report produced by the 2006 Government working group on domestic partnerships, chaired by Anne Colley. It produced a comprehensive report on options to be considered on different kinds of cohabiting relationships and addressed many of the legal issues involved. Another report which examined these issues was the Law Reform Commission report on the rights and duties of cohabitants. This report is very important in debating the Private Members' Bill before us. While this Bill is broad-ranging and progressive in spirit, it does not deal with all the complexities the legislation must cover if it is to survive the test of legal challenges and time. The report alludes to entitlements to relief for the purposes of stamp duty, thresholds for the purposes of capital acquisitions tax, social welfare provisions, amendments to the Residential Tenancies Act 2004, the Domestic Violence Act 1996, the Civil Liabilities Act 1961 and the Powers of Attorney Act 1996. I do not believe these areas are covered sufficiently by this Bill. Let us remember that rushed legislation is bad legislation. Moreover, a Bill on civil partnerships will probably need an accompanying Finance Bill, which this does not have.

I thank Deputy Howlin for bringing the Bill before the House. It provides a timely reminder of the need for comprehensive legislation to establish equality in the area of relationships.

The Labour Party and, indeed, the rest of the House can rest assured that this Government will deliver on its promise to provide legal protection for same sex couples at the earliest possible date, in fulfilment of the Green Party-led provision for such legislation in the programme for Government. Only real debate prevents politics from becoming bland. Such debate can bridge the increasingly wide gap that separates people from politicians and brings democracy alive. This debate will ensure that new legislation will be delivered by this Government to support civil partnerships.

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