Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I am glad to have the opportunity to contribute to the debate. For too long people have been in same sex and cohabiting relationships without enjoying the same protections under the law as married couples. This derives from a failure of the Government to recognise the legitimacy of their relationships and the changing attitude in modern society in this regard. This has led to inequities in the way same sex couples and thousands of unmarried and cohabiting heterosexual couples have been treated by the State, including partners being unable to visit loved ones in hospitals on occasion, problems with inheritance and property rights and issues under the tax and social welfare codes. Many other problems are faced by such couples for which the State has not made adequate legal provision to date.

My party and I believe equality and civil liberty are cornerstones of republicanism and they are among the most important ideals we, as legislators, must uphold in this society. With this in mind, I welcome the change in attitude of the Government reflected in this legislation but the Bill stills falls short of being a comprehensive solution to the problems faced by same sex and cohabiting couples. Legal eagles suggest traditional civil marriages have the protection of the Constitution, which is not afforded to the types of relationships being recognised in the Bill. The legal protections I seek to be included in the legislation will, therefore, not be guaranteed under the Constitution. I do not agree with the legal experts because I have read the Constitution on a number of occasions recently and it makes no reference to "husband and wife". It refers to "spouses" regarding the dissolution of a marriage and to the importance of the woman in the home. That is discriminatory language, which needs to be amended.

There is no reason we cannot legislate for civil marriage for all couples. The 1916 Proclamation, which was supposedly the guiding document for the Constitution, calls on us to cherish all the children of the nation equally and that is often quoted. The spirit, theory and practice of republicanism should be to promote equality and, in that spirit, this issue needs to be revisited properly and constitutional protection needs to be afforded to the reforms I seek. These reforms should be included in this Bill or another Bill dealing with proper civil marriage for all. A constitutional referendum should be held to deal with discriminatory language, which implies the woman's place is in the home. A committee of the House has dealt with the need to insert defined children's rights in the Constitution and that would be appropriate in the context of this legislation.

The Bill falls short regarding social welfare entitlements, inheritance rights, child maintenance and adoption and I will return to these issues later. I am sure many Members, like myself, have received a great deal of correspondence in recent weeks and months from concerned constituents regarding the legislation. Some were concerned that it has not delivered the full and proper recognition of civil partnership that they were promised and some were concerned that it does not give full rights to marriage. Civil partnership recognition in the Bill does not go far enough and does not adequately give the protection required. There is inequality between the protections and rights given for marriage as it exists at present to those who will be in civil partnership unions.

Many people are also worried about the effect this legislation will have on the institution of marriage and the traditional family unit. We received many queries from members of the clergy, religious orders and lay people from various denominations expressing concern that the Bill may interfere with their moral obligations or religious practices. Sinn Féin recognises that the maintenance of a strong and stable family unit is and always will be an essential component in raising the youth of our nation and in turn assuring the prosperity of our country in the future. We also acknowledge that religious organisations have the right to hold particular views on the definition of marriage and what constitutes a legitimate relationship as long as this does not infringe on the public good. The definitions of State marriage and religious marriage are different; they involve different duties and responsibilities and this needs to be recognised.

I am assured that while the provisions of the Bill do not go far enough, they do not interfere in any way with the traditional forms of marriage and family. The Bill expressly states that its aim is not to change the definition of marriage as protected in the Constitution. I regret that because there is a need for a proper definition and clarity on exactly what is a family. This needs to be contained in either legislation or the Constitution. Is the unit of an abusive father who beats his wife more deserving of constitutional protection than a loving same-sex couple with children or a single parent raising a number of children? The Constitution should protect all equally but in particular it needs to define children's rights so they have primary consideration and protections.

As I stated earlier, the Constitution does not mention husband and wife; it only mentions a mother with regard to her place within the home and spouses in the case of dissolution of marriage. A broader definition should be allowed to be legislated for through a constitutional amendment. Far from having a negative effect on traditional families in Ireland, I believe the Bill will have a positive effect on families that have previously not been fully protected under Irish law. This Bill will go some way towards belatedly filling a hole in Irish family law and can only be positive to society as a whole. I cannot see how full civil marriage for same-sex couples is contrary to the constitution and I will return to this point.

In much the same way as it would be a dereliction of duty for parents not to care for and nurture their children, or for a religious organisation not to advocate its beliefs and care for the moral needs of its congregation, it would be a dereliction of duty on our part as legislators not to embrace the concept of equality for all and acknowledge the realities of modern society and provide appropriate legal protections for all citizens. It is the Government's role to ensure that all people are protected under the law.

Co-habitant couples are the fastest growing form of family unit in Ireland. Earlier, I heard somebody mention the significant jump in the number of those living in such relationships as reflected in the recent census. It is also just and right that our society no longer sees same-sex relationships as a crime, but rather as a legitimate way of life. When it comes to the family unit, however, legislation has once again fallen behind social reform. It is our duty to redress this situation, and the Bill goes some way towards this although not far enough.

If there is a threat to the traditional family unit, it does not come from progressive legislation of this kind but from the harsh policies of the Green Party and Fianna Fáil Government. Negative equity, huge mortgage repayments related to the property boom, the unfair tax burden on lower-income families, the over-reliance on two incomes to make ends meet, cuts to benefit payments, increases in the cost of medical care, prescriptions and child care, high unemployment and the slow but sure erosion of fair conditions and hours of work all contribute to a threat to the family unit as traditionally perceived. These are what are putting an enormous strain on people trying to maintain relationships and create a stable family environment in which to raise their children. Sinn Féin has been outspoken in our opposition to policies that we believe are detrimental to the economic and social wellbeing of families and communities. We believe it is by helping families cope with the realities of these tough economic times that we can best ensure that they stay together and prosper.

People have also expressed concern that there may be legal or employment issues emanating from a refusal to provide services based on moral objections to the new types of relationships suggested in the Bill. Our answer to this concern is simple: discrimination law should apply in these cases. In the same way as it is illegal for people to discriminate against clients based on race or religion, it would also be illegal for people to discriminate against clients based on sexual orientation or family type. It is the responsibility of all people, particularly those performing a public function, to provide a satisfactory service to their clients or to ensure that another party is brought in to provide that service to a satisfactory standard. The onus is on them to provide the service if they are public servants.

Another issue many people raised was that the Bill fails to address non-intimate relationships, for example, those of a carer or two siblings living together. While I recognise these may be covered by other legislation, it would be helpful to conduct a review to ascertain whether they receive fair and equitable treatment under the law and whether there is a need for amendments that could be tabled on Committee Stage.

I stated that I would return to the shortfalls of the Bill. Prior to Christmas, I attended a protest outside the House organised by MarriagEquality. I was surprised to hear about the number of rights which will still not be enjoyed by couples after the Civil Partnership Bill has passed. There will be a difference between the rights of those who are married under the current law and those who will be in civil partnerships. More than 220 rights will not transfer equally to those involved in civil partnerships. There is no equity. If a married person leaves a will, his or her surviving partner will receive at least one third of the inheritance regardless of what is in the will. However, in the case of civil partners, children can apply to the courts to have that share reduced. The same applies if a person does not leave a will; children can apply to reduce the amount to which a surviving partner is entitled. A civil partner in the same situation must apply for each order separately.

In respect of registering a partnership, all couples need to give three months' notice before marrying or obtaining a civil partnership. One can apply for an exemption to this rule, for example if the person is terminally ill. The conditions on these exemptions are different for marrying couples and civil partners. There are also differences in providing free and informed consent. There are differences when relationships end and people split up. There are differences in issues in the home, providing for children and the dissolution of partnerships and marriages.

A foreign same-sex marriage is not treated in the same way as a civil marriage here, nor are foreign same-sex divorces and dissolutions. There are also equality issues for transgender people. There is also a range of inequalities in the tax and social welfare code. One of the ways to deal with these issues is to allow same-sex couples marry in a civil ceremony, where all rights are equal across the board. Another way is to change the legal definition as to what constitutes a family, and to change the Constitution to allow for legislation in that area. We could change the Interpretation Act 2005 for tax and social welfare purposes to ensure it clarifies marriage as including civil partnerships. The term "child" could be altered to include the child of a civil partner.

As Members of this House, we will try to tease these issues out with the Minister to ensure that the Bill is the best possible. I am realistic enough to understand that this Government will not go as far as I would like to see it go on civil partnership. However, there are anomalies that are not addressed and which need to be tightened up to ensure that the Bill will progress. Even though the Bill does not go far enough, I will not oppose it. I am disappointed that we are not dealing with a civil marriages Bill that gives full rights to same sex marriages, but an inadequate Civil Partnership Bill 2009. I will not oppose it, but I will try my best to attend on Committee Stage. As I am not a member of the committee, I cannot put amendments down in my name. I can raise them and deal with them on Report Stage, but this hampers Members in trying to deal with Bills in a positive way and play as full a role as possible.

This Bill is a step forward. We have gone a long way and I recognise that. I commend the Government for having taken this step, but I regret that it did not go the whole way. We will be back here again much sooner than people think. The Bill will throw up other anomalies, which when challenged in court, will lead us to dealing with this issue. We should look at our EU partners that have the same traditional associations with Christian churches that have taken the full step, and this has not affected those countries. The social fabric of Spain and Portugal has not collapsed and the naysayers should look at that. This is a positive Bill, but it does not go far enough.

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