Chris Andrews (Dublin South East, Fianna Fail)

I am delighted to have an opportunity to speak on this Bill. I am proud to be a member of a party which has advocated legal reform in this area. Credit is due to the Minister, Deputy Dermot Ahern. The Bill will have no negative impact because it builds on previous equality legislation introduced by Fianna Fáil. It deals with the issue of freedom of conscience and our legislation is sufficiently robust to address any issues that arise.

I have met the Irish Council for Civil Liberties and the Gay and Lesbian Equality Network to discuss the Bill. It is clear that both organisations recognise it as progressive legislation. The Government's efforts to bring the Bill before the House demonstrate that we remain active on social issues even while we continue to focus on our economic and financial problems. The media think that everything starts and ends with finance but a significant body of legislation on other matters is being progressed.

Irish society and the traditional family unit have changed dramatically over the past 20 years. A one size fits all approach can no longer be taken because provision must be made to protect people in loving same sex relationships and couples who choose to cohabit rather than marry.

According to the excellent brief prepared by the Oireachtas Library and Research Service, cohabiting couples are the fastest growing form of family unit. The 2006 census revealed that cohabiting couples account for 12% of all family units, compared to 8% in 2002. The number of cohabiting same sex couples is also on the rise, having grown from 1,300 couples in 2002 to more than 2,000 in 2006. The law as it stands does not give any legal protection to cohabiting couples, even where they have lived together for many years. Many couples may not realise their vulnerability until they experience break up or the death of a partner. This Bill seeks to address these concerns. Given past difficulties in Irish society, it is difficult to understand why anybody could object to this positive proposal, the overarching objective of which is to encourage and support loving relationships. It is irrelevant whether those relationships are same sex or otherwise.

The Bill will rectify the unacceptable situation where a broad section of society was thus far unprotected legally. For same sex couples it establishes a new status of relationship which is legally recognised by the State. It provides for a scheme of registration of civil partnerships for same sex couples, together with a range of rights and duties following registration to include shared home protection and succession and pension rights. It will also allow cohabitees, whether opposite or same sex, to regulate their own financial matters and will provide for a limited redress scheme where a cohabitee is left economically dependent. Under the Bill, legislation relating to mental health, immigration and domestic violence, for example, will be amended to ensure the same provision for same sex partners as for spouses in opposite sex marriages.

Although the Bill is extremely progressive, I acknowledge that it does not offer an equivalent to marriage for same sex couples and, for this reason, it will not satisfy everybody. However, it would be churlish not to acknowledge that it is a major step forward which, for the first time, offers recognition and protection to those in same sex relationships. That said, the legislation should include greater reference to children of civil partners. I accept that there are constitutional barriers, as referred to by other speakers, which must be addressed. I am certain, as sure as night follows day, that legislation will be introduced in due course which offers children of same sex couples the same status and protection as those of opposite sex relationships. In the meantime I am concerned that children of same sex couples are left somewhat isolated and vulnerable as a consequence of this omission in this legislation. However, it is not appropriate to deal with these issues in this Bill. These concerns will inevitably be addressed in future legislation.

Since the Bill was flagged some time ago, I have met several couples in loving same sex relationships and found that they were, broadly speaking, pleased with the proposals. Many gay people had been of the view that this type of legislation would never be introduced. I spoke recently to a friend raising a child with her same sex partner and she was extremely sceptical that these measures would become law. I will be pleased to send her the transcript of today's debate. Many gay and lesbian people were not confident this day would ever come. In this context it is important to acknowledge the commitment of the Government not only to economic issues but to social policies. I warmly welcome the Bill, which represents an enormous step forward for our society.

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