Joan Burton (Dublin West, Labour)

I wish to recall for the House that Deputy Seán Power was one of those who supported a Bill for the decriminalisation of homosexuality, as it was then described, which was introduced to the Dáil by the then Minister for Justice, Mrs. Máire Geoghegan Quinn, as part of an agreement for Government between Fianna Fáil and the Labour Party. He supported it at a time when the issue was much more contentious than today. Many people felt threatened by the Bill then, but for many gay people it was a time when they began to feel they were on the long march to being full citizens in their own republic.

The Labour Party is disappointed that the passage of this Bill, although its arrival here has been negotiated on foot of a coalition agreement between Fianna Fáil, the Green Party and what were the Progressive Democrats, has taken so long. In many ways, and perhaps this is to do with the character of the Minister, this is not a brave Bill. Instead, it takes a minimalist approach which sets out the minimum recognition that is now widely given throughout the European Union to same-sex partnerships. Nonetheless, the Labour Party welcomes the Bill as a step forward, although we do not feel the measure is complete and have some criticisms to make on it.

It is important to remember that in 2010 we begin a decade that celebrates the 100th anniversary of 1916, and we see the busts of all the signatories to the 1916 Proclamation each time we walk through the lobbies for a vote. We should remember, as we move towards celebrating a number of important 100th anniversaries in the formation of the State, that the people involved in the creation of our new State were, for the most part, neither narrow-minded nor harshly judgmental. We do not know much about their sexual orientation, because many of them died young and we never got to know much about their sexuality. The culture at the time was more confessional and private than now. However, we should bear in mind that while this legislation is incomplete, it is a stepping stone. As such, we accept it as a progressive move that is welcomed by many gay people and people who identify themselves as part of a wider and active gay community, but it is not necessarily the last step. Many people in the gay community aspire to a full expression of their relationships in marriage in the same way as heterosexual couples.

I want to encourage the Minister. Countries that have as much of a Catholic tradition and presence as we have, such as Spain and Portugal, have now legalised same-sex marriage and the sky has not fallen in. Those countries do not appear to be in any greater moral dilemma or in any greater state of moral perfection than this State. They recognised that a significant number of their citizens believed this issue should be addressed in their parliaments and they did address it. Countries such as Belgium, Sweden, Norway and the Netherlands recognise gay marriage.

For many, including fundamentalist and evangelical Christians, gay marriage can be a very difficult concept. However, it is not an unreasonable objective to secure the right of somebody to express his sexuality, see it fulfilled or have his relationship acknowledged, honoured and legally protected in the same way as is generally provided for in law. Many people, both gay and straight, wonder why anybody would bother getting married and ask why partners should not just live together. When children are involved or when people reach a slightly more mature age, having a legal framework for a relationship, be it established through civil union or marriage, provides certainty, solidity and extremely important legal rights to the two parties involved.

Bearing in mind the talks taking place today in Northern Ireland, we should note the Good Friday Agreement commits the Republic and the North to maintain equivalent rights. The United Kingdom, and therefore Northern Ireland, has had civil partnership since 2005. While Northern Ireland is a society with a committed number of evangelical Christians, I am not aware there has been much objection to civil partnership there, except on occasions, one of which we heard about recently. There may be people who do not care for it but they have accepted it as the legal right of people who wish to exercise that option.

I, and I am sure many other Members, received much correspondence on this issue. I received correspondence from constituents in Dublin West, including Castleknock, Blanchardstown and Mulhuddart. On the whole, it suggests many older gay people strongly supported the Labour Party's Civil Unions Bill and strongly support the legislation before the House. It allows people in long-standing relationships to have legal protections. These protections become vital as one becomes older.

We all encountered circumstances in which the long-standing, loving partner of someone who became ill lacked status, even in regard to vital life-and-death decisions or obtaining information. In an intensive care unit, the biological family of the person in care takes precedence over the person's partner. It can be very shocking for a person to find himself shut out from the medical process and to be prevented from being with a seriously ill or dying partner, despite what their commitment and relationship would lead one to believe would be allowed. Occasionally, family members do not come to terms with the fact that children or grandchildren are gay. They feel that, as parents, grandparents or siblings, they take precedence over the gay person's partner. I saw this occur on a couple of occasions and it was very difficult.

Circumstances for younger gay people are obviously different. None the less, over the past couple of years in my constituency, I came across a number of cases in which gay people, particularly younger gay men, were very badly harassed as a consequence of general anti-social behaviour in their neighbourhoods. Since the Garda is not able to deal with gangland crime, it is very often unable to assist a young gay man who is the subject of persistent anti-social behaviour and homophobic bullying.

In my constituency, I know of several youngish men who are almost prisoners in their own homes. Although they have very friendly contact with the Garda, by telephone and otherwise, there is a general absence of Garda patrols in their communities and a lack of awareness of how difficult and horrible homophobic bullying can be. While the Garda, in general, recognises acts of racism and domestic violence and responds quite strongly thereto, even in the circumstances of its limited resources, homophobic bullying has not received as much attention as it should have.

One effect of this legislation will be that, by strengthening the civil rights of people in gay relationships, we will acknowledge more strongly the fact that somebody who is gay is the equal of other citizens and has the same right to pursue happiness and liberty as anybody else. I hope one outcome of this legislation will be that respect for gay people as equal citizens before the law will be strengthened. This will assist the Garda in considering more strenuously the issue of homophobic bullying.

I received a letter from a 27 year old constituent from Castleknock who came out when he was approximately 19. He wrote to say he believes that, in spite of recent progress, homosexuality is still very much stigmatised in Irish society and that such stigmatisation, ranging from the swear words used by school children to the general attitude of citizens, is reinforced through the inequality of our legal system. He asks why a schoolchild should deem a gay or lesbian pupil to be equal to him or her when, in the eye of the law, the pupil is not. I welcome this legislation because it moves a step further in this regard. I hope it informs the thinking of the Department of Justice, Equality and Law Reform and the Garda in respect of their broad approach to anti-social behaviour and homophobic bullying.

I received correspondence from the INTO Lesbian, Gay and Bisexual Teachers' Group, as I am sure did other Members. All the parties in this House and society in general must address the issue raised. Why is it that, even among relatively young children, be it in school or on the street, the terms of abuse most frequently directed at other young kids, or in an anti-social behaviour context at older people, concern sexual orientation? To hear such abuse is quite horrifying. It is particularly strong among young children and it is so unhealthy. Although one can say some children who use homophobic terms of abuse do not really understand what they are saying because they are too young, the fact that homophobic abuse has such currency means life can be made very difficult for a young person exploring his or her sexuality and who may be gay. The man I spoke about earlier is effectively a prisoner in his own home. Even if he just goes out in the evening to the shops, he is subject to derogatory commentary from anti-social individuals. It is like hunting in a pack. When they sense a weakness they go for it, expressing it in the must hurtful and demeaning way possible.

The position of children in partnerships should have been addressed in the legislation and I hope the Minister will address it on Committee Stage. Significant numbers of children are now born outside traditional marriage relationships, whether it is to a straight or gay couple. The lack of legal structure for these children, particularly if there is a sudden death of a parent, creates legal difficulties. We also have the simple situation of when a heterosexual couple has a child outside of marriage, the father's name is often not on the birth certificate or a guardianship agreement entered into. If the relationship breaks down, a father will have to go to desperate attempts to arrange a structure to co-parent or meet his children, often incurring heavy legal expenses. As more gay couples have or parent children, inevitably some of these relationships will be sundered either because of a breakdown in the relationship or death.

It is important the House gives some thought as to how to provide for the children in such circumstances. These children are, however, no different from any others. I hope the Minister will give some consideration to this matter on Committee Stage. I accept it is a sensitive and difficult issue with a variety of views on it. Every child is entitled to know who are his or her parents. Every parent and person in a parenting position is entitled to have a formal recognition of their relationship to their child. There will always be special circumstances but the law is there to provide a legal framework and maximum protection for children in the best possible way.

I look forward to the legislation being implemented. The Labour Party will be tabling amendments on Committee Stage to address specific areas. It has taken much time for the Bill to be introduced in the Dáil. I believe the Labour Party's Bill on civil partnerships is better, stronger and more realistic for current times. For those in Fianna Fáil and the Minister who are concerned about introducing this legislation, they should think about Spain and Portugal, both rather conservative countries once like Ireland, who decided to open up the doors and offer full freedom to all of their citizens on an equal basis.

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