Deirdre Clune (Cork South Central, Fine Gael)

I wish to focus on the part of the Bill which relates to unmarried or unrelated cohabitants, whether they be of the same sex or the opposite sex. This relates to people who are in intimate and committed relationships and it provides rights in respect of succession, and so on. Qualified cohabitants who have lived together for three years, or two years if they have a child, will have extra financial rights if the relationship ends or if a partner dies. This provision will impact on a much greater number of people than did the civil partnership scheme.

According to census date, there were 120,000 cohabiting couples in the State in 2006 and one third of these had dependent children. I am sure this number has increased significantly in the interim. I wish to focus on this part of the Bill because it has not received a great deal of attention. There are people who have been residing together for two years or more who are not aware of the legal obligations placed on them. An article by Carol Coulter in today's edition of The Irish Times outlines a possible scenario in respect of a couple moving in together at 19 years of age and breaking up a few years later. Ms Coulter refers to the female in the relationship contributing a great deal and the male being unaware of his legal obligations. In that context, there are those who do not realise that they may have significant legal and financial obligations at quite a young age. This is an important change as it will give rights to certain individuals.

However, there is an obligation on us all to send the message that the situation has changed and could change for many people. The point has been made that this is such a significant step that it should be in separate legislation. None the less it is in the Bill now and I am sure the Committee Stage debate will expand on this matter further. It is extremely important and must be highlighted. If the couple is aware of the potential scenario they have the option to prepare a written agreement - prenuptial would be the wrong word. Nevertheless it is an important step and should be flagged as it could have implications for many relationships, notwithstanding the merits of the proposal.

I welcome the civil partnership registration scheme. It is an important statement for this country and signifies where we are at present. Much has been said about the difficulty for gay and lesbian people living here given the social stigma that can be attached. The statement that the introduction of the Bill makes will help to overcome the difficulties gay and lesbian people face. A survey by the Gay and Lesbian Equality Network, GLEN, found that one in four homosexuals has been punched, kicked or beaten in violent homophobic attacks. Almost one-fifth have tried to take their own lives, with many saying this was related to their sexual identity. Some 58% of respondents said there was homophobic bullying at school which is very serious given that it is among young people. Perhaps many young people are not aware of the implications of the bullying nature of their carry-on or the language they use. It can have serious detrimental effects on the recipient of the bullying.

The survey found that more than half said they had been called abusive names and a quarter said they had been physically threatened by other students. More than one third said they had heard homophobic comments by teachers, while 8% said they had been called names by them. Those are extremely worrying statistics as we depend on teachers and other adults in a position of responsibility to respect equally all those for whom they have responsibility. If such a statement is true - I have no doubt it is - it is a very serious situation. One third of respondents said they self-harmed over the stress of concealing their sexual orientation during their teenage years. Some 80% of those surveyed said they had been verbally insulted, while 40% had been threatened with physical violence.

That is the reality for many people and the theme of young people runs through those statistics. I hope that the legislation going through the House will help to bridge the gap and help people to understand that people being gay or lesbian is a natural phenomenon, and that the State recognises their existence and confers legal rights and obligations on them. I hope it will represent a step forward because it is a very serious situation. People have come to my clinic seeking to move house because they have been subject to bulling owing to their sexual orientation, which is unacceptable. However, I compliment the housing officer in the city council who was very receptive and sympathetic, which helped the individual in the case. The statistics highlight how difficult it can be for people to come out if that is the kind of society in which we all live.

Like others I voice my concern about the children of a couple in a civil partnership. The legislation is silent on the position of such children. For instance the Family Home Protection Act will not apply to children of a couple in a civil partnership. If a home is being divided the needs and rights of the children will not be taken into account. In the event of a dissolution of the partnership, it can proceed without regard to the child or children, whereas in the case of a married couple a divorce can only be granted if the children of that relationship are provided for. The Bill does not provide that a court be obliged to have regard to the care of the children when granting dissolution. The cost of caring for the children or the time and involvement that one or other parent may have given over the years of the partnership towards nurturing and rearing the children is not considered, whereas in a divorce it would be taken into account. If the partnership were dissolved, the children could be financially disadvantaged and the Bill makes no provision in that regard. Based on what we have heard in the Chamber today, the situation of children will command considerable attention during Committee Stage.

I do not know much about the children of same-sex partnerships. While I have read considerable negative comment about children of same-sex partnerships, from my experience and what I understand, children need security and a loving environment and it does not matter who provides it. It can be a single parent, two parents of the same sex or two parents of opposite sex. The most important thing is for children to have security, know who is picking them up from school, know where they are sleeping at night and be loved. Children will survive and thrive provided those circumstances are in place.

I believe it was mentioned earlier that some 2,000 children are looked after by people in same-sex partnerships. There may be a biological parent in that partnership, including possibly as a result of sperm donation. However, there are many such children and their situation needs to be recognised and the law needs to protect them at all costs. Many organisations have commented that provision for children is not addressed in the Bill, which will cause problems at some stage if not rectified. A child looked after by people in a civil partnership could be seriously disadvantaged should the partnership dissolve or should one of the parents pass away, which would give rise to a legal limbo. Now is the time to recognise the situation and make provision to rectify it. 4 o'clock

Provision for non-conjugal couples is omitted from the Bill. I had done some reading over the years which led me to expect that under such a Bill, brother and sister or perhaps an uncle and nephew living together or whatever would be recognised in this part of the Bill in terms of succession rights, taxation, next-of-kin rights and so on. Those are very important and I had expected them to be included in this Bill. I am surprised that they are not.

I know of many individuals living together. My maternal grandfather was one of 12, eight of whom did not marry. Four of them lived near us, two brothers and two sisters in the one house. The situation was similar on my father's side of the family, and I believe such situations were quite common. These people are elderly now, but it is not unusual for brothers and sisters to live together. I am surprised that provision is not being made for them in this Bill.

On the whole I welcome the Bill. It is an important step forward, we have many questions about it and I am sure they will be thrashed out on Committee Stage. I notice that taxation and social welfare rights will apply to the partners in a civil partnership. That is very welcome and has been described as being similar to the rights available to spouses. It is important that this be extended to the provisions of the Finance Bill and the Social Welfare Bill.

This is an important step forward. It is complex legislation, given the implications it will have for other legislation. It will be a slow and significant process as we tease matters out on Committee Stage. I look forward to the Minister's comments, in the event, on the various points that have been raised in this debate.

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