Áine Brady (Kildare North, Fianna Fail)

It is important to point out at the outset that the Government is not against the spirit of this Bill. Indeed, there is cross-party support for it as its intention is to remove inequalities in our legal system and continue progress in moving towards a more inclusive society. However, to be fair to all concerned, we have a responsibility to ensure that we have sufficient time to debate this subject and its legal complexities with a view to enabling a more comprehensive approach to the question of civil partnerships to be brought before this House in 2008. This Labour Party Bill was debated extensively in the House earlier this year and as outlined then and again yesterday by the Minister for Justice, Equality and Law Reform, it is constitutionally unsound. The Bill seeks to provide a civil registration scheme for same sex couples equivalent to civil marriage. If such a Bill was implemented it would be unlikely to survive a constitutional challenge and the Government cannot therefore support it in its current form. It is the Government's responsibility to ensure that, as far as possible, legislation is constitutionally sound.

In its legislative programme, the Government has provided for the drafting of a Bill to legislate for civil partnership. This will also fulfil its commitment in the programme for Government and, as reflected by the Minister's contribution yesterday, the Cabinet is anxious to have the scheme of a Bill prepared before 31 March 2008. Notwithstanding this, however, I welcome the opportunity to contribute to this debate. It is truly remarkable how far we have come from the early 1990s. We have moved from an era where homosexuality was criminalised and stigmatised to a debate not on whether but on how we can establish a legal framework to provide equality to couples in a committed relationship.

There is now a general consensus and eagerness to press for legislation in favour of treating gay and lesbian people as full and equal citizens in society. It is complex and challenging to give effect to this principle in legislation as it involves thinking about a host of related matters. Ireland's lesbian, gay and bisexual community has both contributed to and benefited from the extraordinary success of the economy. In fact, there is growing evidence to show that societies that embrace diversity and difference are more successful economically than those that do not. They are also more comfortable, exciting and safer places in which to live. Economic and social progress are inherently interlinked and associated policies should complement and reinforce each other. The enactment of equality legislation propelled Ireland to the front of the international stage with legal protections combating discrimination against lesbian, gay and bisexual people. Ireland has the ambition and capacity to move to the next level in facilitating, and legislating for, this kind of positive integration nationally.

Recently, with a good degree of cross-party support, a range of equality legislation has been introduced giving Ireland a reputation for having one of the most modern and extensive equality codes in Europe. The comprehensive Employment Equality Act 1998 outlawed discrimination on nine distinct grounds including sexual orientation in work-related areas, from vocational training to access to employment. The Equal Status Act 2000 provides protection for the first time against discrimination outside the field of employment, and Ireland remains one of the few European countries to specifically outlaw discrimination on the grounds of sexual orientation in respect of access to goods and services. The Social Welfare Act 2004 outlaws discrimination in occupational pensions on nine grounds, including sexual orientation. The Parental Leave Act 2006 extended the force majeure leave entitlement to employees in respect of persons, including same sex partners, with whom they have a degree of domestic dependency. It is therefore important to continue to address the remaining equality issues and I strongly support the Government's commitment to introduce legislation to provide for civil partnership.

Same sex couples require heightened legal protection. Many cohabiting couples share property, home life, and income and want to care for one another, to be next-of-kin to each other, and to have the legal rights to be cared for in that context. It is desirable to provide legislative safeguards and obligations but we must do so in a manner compatible with the requirements of the Constitution. The Government's legislative record shows that it has put in place a comprehensive framework of equality legislation, backed by a strong equality infrastructure to ensure people cannot be discriminated against on the basis of their sexual orientation. I look forward to supporting the Government's Bill in 2008. It is better to put in place a law even if it takes longer than we would wish, that will be legally and constitutionally watertight.

There is no lack of support from the Government for a system of rights for same sex couples. I support the amendment and commend the Government's plans to provide legislation for civil partnership which will see greater rights, duties and entitlements available for same sex couples who choose to formalise their relationships.

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