Dáil debates

Thursday, 21 January 2010

Civil Partnership Bill 2009: Second Stage (Resumed)

 

3:00 pm

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)

I am very pleased to contribute to this debate and I congratulate the Government on bringing this Bill forward. I know that some speakers do not feel it goes far enough, but it is useful to remind ourselves from whence we have come. It is well within living memory when homosexuality was a crime in this country. Before that, it was even considered to be an illness. Awareness and enlightenment has slowly come, but it has come nonetheless. This is not about a liberal agenda, but about a human right. The same rights afforded to heterosexual couples should be afforded to same sex couples.

I feel very strongly about this because we have seen some tragedies. I have seen them in my own community, where people have fallen ill and their partners have not been afforded visiting rights to the hospital. This is deeply upsetting for both the patient and his or her partner.

This is a welcome move by the Government and the Bill enshrines in law rights that should be available to everybody in our country. Couples who are together for years are treated differently by the tax man. They do not have security of the home they have built together, which is deeply disturbing. Therefore, the Bill is welcome as it will end this injustice. If a partner dies prematurely and his or her wish to be a donor is not expressed in writing, the surviving partner is not able to express the opinion of his or her loved one and this is another wrong. The wrongs are myriad and this Bill seeks to address that, which is very welcome.

It has been pointed out that the issue of children and their rights may not be fully covered in this Bill, which is something that should examined on Committee Stage. Deputy Flanagan referred to the case of a same sex couple where the mother died and the remaining partner did not have any rights over the child, and that was extremely upsetting for all concerned. There are always two sides to the people involved. There is security for the surviving partner in terms of property rights and the ability to continue to nurture a child, while there is a peace of mind for the person who is passing on, as that person knows that his or partner cares for the child as much as he or she does and will be there to continue on, without being obstructed by the law.

The Bill is not clear on co-habiting non-conjugal couples. I am talking here about siblings living together for many years, which is not an uncommon situation in Ireland. These people should be included in this Bill for the purposes of treatment under the tax laws.

The main thrust of the Bill is to right a wrong that we have allowed happen to people who are in same sex relationships. I am pleased to take part in this debate and delighted that, at long last, we will have true equality for same sex couples. Outstanding issues in the area of same sex marriage and civil unions can be addressed at a later date. This legislation is progress and all progress is welcome, although it often comes incrementally and not quick enough for those who seek it. Nevertheless, progress has come. I hope all sides will support the Bill.

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