Dáil debates

Thursday, 1 November 2007

 

Civil Unions Bill 2006: Restoration to Order Paper (Resumed)

11:00 am

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)

I am pleased to have the opportunity to contribute once again to this important issue before the House. I warmly compliment Deputy Howlin and his Labour Party colleagues on their work in this regard. I also wish to acknowledge the many calls and e-mails I have received, not only from across my constituency of Dublin South-West but also from other areas in Dublin. I have received co-operation and information from GLEN, the Gay and Lesbian Equality Network.

On the last occasion the House debated this matter, I made it clear that I was committed to using my energies to ensure that civil partnership legislation is introduced for same sex couples at the earliest possible time. I therefore welcome the opportunity to debate this matter again today. I am particularly pleased that the positive views of my colleague Deputy Barry Andrews and myself, as expressed in the previous debate, and our trust in the Government to move the issue forward, are not only reflected in today's amendment but also in the programme for Government.

There has been significant progress in six months. In supporting this amendment, we are firmly on the right road to providing for proper civil union for same sex couples in the short term.

I am a strong supporter of civil union. Next year will mark the 20th anniversary of the Norris judgment in the European Court, which led to our Government decriminalising homosexuality in 1993. We followed this with strong protections for gay people in employment and in accessing goods and services under equality legislation in 1998 and in 2000. It is just and logical that we should now provide for civil union.

I am not in favour of a watered down or lesser status union for same sex partners, and I am pleased to note the support this amendment gives to the findings of the Colley report and the Law Reform Commission's recommendations. The need for civil union for same sex couples is urgent and now upon us.

Much has also been made in recent times of the legitimate plight of cohabiting, perhaps elderly, siblings and I have no doubt that there is a need to protect all vulnerable people from discrimination. I trust these matters can be addressed elsewhere in a compassionate and fair manner.

There is a major difference in the status of same sex cohabiting couples and heterosexual or sibling cohabitees. The latter can, if they are single, marry under Irish law but gay couples cannot.

The trend in certain areas of the current debate to equate loving same sex couples, without rights of next-of-kin or inheritance, with cohabiting siblings who do have kinship rights and inheritance benefits, is offensive and deliberately designed to continue to undermine the status of same sex relationships.

I am pleased to note the Colley report, which advocates the extension of marriage to same sex couples and/or the creation of a system of civil union which will have parity of status and of rights with marriage. We have civil union and marriage for heterosexual people. It is time to move forward to ensure the same status and rights for same sex unions. The Government's amendment sets out the approach to achieve this fully and that is why I support it today.

In my previous contribution, I stated clearly that it is the responsibility of every legislature to ensure protection for children in providing them with good parents. Good parents are not the exclusive prerogative of one particular faith, ethnic origin, ability or sexual orientation. Civil union with full rights and status means all this and more for the children of gay parents.

We have waited a long time for civil union. The least same sex couples deserve after this period is fully comprehensive civil union with all the rights associated with marriage, including parenting. For too long, children of gay people have been left vulnerable from full legal provision and guardianship from the two loving adults who raise them. I trust the Government's Bill will provide such security for children of gay parents, as this issue is now of paramount importance.

The opportunity created by the same Labour Party Bill six months ago to debate this important issue has accelerated the process for the provision of same sex rights. It has allowed us on the Government benches to clearly state our support for this measure. It has added momentum to the urgency and sincerity of the Government's commitment to introducing comprehensive and fair legislation at the earliest opportunity. I welcome that wholeheartedly.

Many on the Opposition benches criticised our sincerity on this issue just six months ago. Today's amendment shows not only that the excellent reports to help shape this new legislation are in place, but also that their recommendations will form the bedrock of our proposals. These reports also indicate the work done by the Government and others to get this legislation right. It is good progress. We now need to continue with this work urgently.

Under the Good Friday Agreement we all voted for parity of rights between North and South. At present, there is something like a two-year waiting list for civil union in Belfast. It is essential that we keep our word to the electorate of this entire island — that whatever human rights are available to people in the North, in the event of a United Ireland, we too will honour those rights.

The creation of a new system for same sex couples is constitutionally possible and I look forward to the Government bringing forward legislation that is compassionate, well argued and of such clarity that it will not be subject to any delaying constitutional challenge. These ambitions cannot be rushed, but they are urgent and necessary. The commitment in the programme for Government reflects a sincerity on the Government's behalf to legislate comprehensively in this area. Today's progressive amendment is a further step in the right direction.

Like many of my Government colleagues, I do not like voting down a measure to provide same sex partnership rights. I am pleased with the comprehensive nature of the Government amendment. I commend the Labour Party on opening up this debate early in this new Dáil and, with like minded colleagues, I am committed to maintaining positive pressure to ensure the earliest production of legislation providing for full civil union and the proper recognition and status of the lives and love of same sex couples in our society. It is in this context that I am happy to support the Government amendment.

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