Mary O'Rourke (Longford-Westmeath, Fianna Fail)

I wish to share time with Deputy Beverley Flynn.

I am pleased to have an opportunity to speak to the Bill. From what I have picked up from the contributions of previous speakers, it is receiving a relatively approving passage in the House. Nevertheless, as with the Criminal Law (Sexual Offences) Act 1993, this is landmark legislation. I was a Member of the House when the then Minister, Ms Máire Geoghegan-Quinn, introduced the Bill decriminalising homosexuality in 1993. She took a major step at that time but did so with calmness and a clear sense of direction. I recall that the debate on the Bill was also relatively tempered and was conducted with moderation. I was glad that was the case.

When the Civil Partnership Bill was first mooted I, like many Deputies, was approached by constituents to discuss the issue. I have no doubt the individuals in question were well meaning and did not have ulterior motives. They expressed fear and foreboding about whether, for example, a registrar would refuse to perform his or her civil duties when a same sex couple gave notice that they proposed to be registered. They asked what would happen if the registrar decided he or she would not preside over a civil partnership ceremony. We also heard about the possibility of photographers refusing requests to photograph same sex couples and bakers refusing to bake cakes for same sex registrations. In that case, one could do without the cake. These were facile arguments which had no bearing on the issue for which we proposed to legislate. My response, therefore, was that I did not anticipate any difficulties. As the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, stated at the time, one leaves one's religion outside this Chamber. That was a fair comment.

Shortly after Christmas, someone asked me whether I was aware that break-ups were much more common among same sex couples. I responded that I was not aware that was the case but all types of families break, regardless of the nature of the sexual relationship. People enter relationships with high hopes and with their hearts full of love, commitment and fidelity. They hope to preserve these attributes but regrettably fidelity does not always last. If a relationship does not work out or there is infidelity in it, the couple will break up. To imply, however, that same sex relationships are more likely to break up than male-female relationships is, in my view, to engage in the spreading of unfounded rumour.

In introducing the Bill, the Minister stated:

This Bill takes nothing from anyone but what it gives is profound and is positive.

It creates for the first time in Irish law a scheme under which a same sex couple can formally declare their allegiance to each other, register their partnership under new provisions in the Civil Registration Act 2004, commit themselves to a range of duties and responsibilities and at the same time be subject under new law to a series of protections in the course of their partnership in the event of a failure of either party to maintain the other and in the event of disputes between them as to ownership of property.

This is practical legislation and I commend the Minister on the alacrity with which he set about bringing it before the House.

In 2007, the Fianna Fáil Party election manifesto made a clear commitment to introduce legislation on same sex relationships. This commitment was renewed in the programme for Government agreed with the Green Party and is now being implemented in legislation.

As a republican party, Fianna Fáil is committed to equality, which is a fundamental tenet of republicanism. It is noteworthy that, in addition to this Bill and the 1993 Act, Fianna Fáil Ministers introduced the Prohibition of Incitement to Hatred Act 1989, Employment Equality Act 1998 and Equal Status Act 2004. Those who, in their wilder moments, seek to label Fianna Fáil Party members as backwoods men and women should reflect on the fact that Fianna Fáil Ministers have shown a determination to wipe out, in as far as possible, inequality in society. I do not make this point for political purposes. It is amazing, however, that people seek to attribute a characteristic to my party which is not borne out by the actions of its members.

I cannot see how anyone could object to enabling love, commitment and fidelity to flower in a relationship, as this Bill will do. It will also provide certainty that various duties and responsibilities attach to such relationships and if a relationship does not work, due deference will be paid to the party who has been damaged. In a world fraught with difficulties and which is daily witness to hatred in places such as Iraq and Afghanistan and even in the talks under way nearer home, surely we should support simple legislation giving certainty to couples of the same sex who wish to express their devotion and fidelity and give shape to their relationship. This Bill will allow such couples to gain a sense that they truly belong to one another, as has been evidently the case in their relationships heretofore.

I applaud the motives and determination behind this simple yet complex legislation. Amendments will be made to many Acts to take account of the changing nature of relationships, particularly by changing the terminology used in much legislation. I hope there will be scope for making amendments to the Bill on Committee Stage. I am sure the Minister will see fit to ponder proposed amendments tabled and accept those which he deems suitable.

I am pleased this fine Bill is being introduced and hope it will put an end to the inequality experienced by same sex couples as they go forward into their future together.

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