Joe Costello (Dublin Central, Labour)

I am pleased to have the opportunity to speak on the Civil Partnership Bill 2009, and want to compliment the Minister on introducing it. While we may crib about the detail, it is a very substantial step in the right direction.

The Bill's proposals have been in gestation, one way or another, over the past ten years, with various reports, documents and debates. My colleague, Deputy Brendan Howlin, in 2006 produced the Civil Union Bill, which was something of a catalyst in getting the ball rolling and in terms of putting pressure on the Government to act on the various discussions that had taken place. The purpose of Deputy Howlin's Bill was to give legal recognition to the relationship that exists between two people of the same sex, and allow an equivalent status relationship for those people as well as recognising and approximating, as closely as possible, the rules of law that exist for marriage. Under the Constitution, of course, the marriage of same-sex couples is not allowed and to change that would require a referendum.

That was the thrust of that particular Bill, and this legislation covers some of the same ground, as well as some different aspects as well. It provides for a statutory registration scheme for the civil partnership of same-sex couples and a range of rights obligations and protections consequential on such registration. It also provides for a redress scheme for same-sex couples and opposite-sex couples in cohabitation but not in a marriage arrangement or not registered in a civil partnership.

It does not cover an area dealt with in Deputy Howlin's Bill, namely, adoption, which is a pity. More than anything else, as has been referred to, it does not deal with children in either the same-sex relationship category, where they can be involved as result of particular family relationships, or as regards cohabiting couples, where very large numbers of children are involved. That children are not part and parcel of the legislation, as drafted, is a conspicuous oversight, but I am sure the Minister will be open to amendments in this regard.

The original proposals that sparked off the legislation in terms of same-sex gay and lesbian citizens derive from a straightforward and basic principle, namely, that all citizens in this country are equal, and gay and lesbian citizens are no different. They are entitled, therefore, that the State will provide the same basic rights to them as to all other citizens. It is our duty, then, as legislators to make provision through the legislation introduced in the Dáil and Seanad to address the issues whereby inequalities arise in the treatment of gay and lesbian citizens. We have a duty to address the constitutional bar on the marriage of same-sex couples, with the consequent denial of a host of rights, privileges and benefits, on the one hand, and a host of obligations, penalties and sanctions, on the other.

The status relationship conferred by the Civil Partnership 2009 Bill provides an avenue for progress, approximating to some degree the rights of gay and lesbian couples within the Constitution, but of course this does not extend to full rights for such couples.

The situation that pertains means that while a considerable degree of equality is being given, we are not giving full equality. Nonetheless, I believe we should recognise that this Bill is a milestone on the road to our desired destination. It seems the next step is to consider the issue of full equality and how this may be achieved. This is something that merits some level of discussion in the context of the Bill before the House.

Ireland, as many people have said in this Chamber, has changed considerably over the years, but still has a long way to go to become a fully fledged pluralist and egalitarian society, despite the principles that exist in that respect. The 1916 Proclamation was a ringing endorsement of that, full of idealism, declaring a Republic and stating categorically that all the country's citizens would be treated equally and cherished as such. That particular Proclamation is, perhaps, the anchor we might start with. It was followed by the Democratic Programme of the First Dáil in 1919, which built on the ideals and principles enshrined therein. We are now only six years away from the centenary of the Proclamation and we might usefully examine a checklist as regards how the ideals of the Republic declared on that occasion have been dealt with. The commemoration of the centenary of 1916 might be usefully looked at in terms of rights, principles, values, the way in which our culture has gone and the degree to which Ireland has become a pluralist society with every category of citizen being facilitated in the enjoyment of his or her rights. As regards that checklist, we must see what needs to be done within the next six years to ensure those legal and constitutional rights are fully granted. Some interesting issues might come to light when we make a thorough assessment of the situation.

After 1916, the character and culture of the country was blighted by the bitterness of the civil war, the economic gloom visited on the country for many decades and - probably more than anything else - by a powerful and triumphant church that came into existence simultaneously with the new State. As a result of all that, the ideals that were proclaimed in 1916 were often lost sight of. We can see the situation that has arisen now with the Ferns, Ryan and Murphy reports. Instead of cherishing the children of the country equally, we found that both State and church had in many ways connived and conspired to abuse, neglect and institutionalise vulnerable children. Therefore, rather than doing what was proclaimed in 1916, the new State that emerged often did the opposite. It did not recognise or cherish many of those vulnerable children, but allowed them to be abused. It happened with relative impunity for half a century and only now when it is coming to light in an open, transparent and meaningful fashion, is any level of redress taking place.

In commemorating the centenary of 1916, we will have to examine closely what has happened concerning the rights of children. We did not see fit to write the rights of children into the Constitution, so they are not recorded there as such. That might be one way of moving forward towards commemorating the centenary. The least we can do at this point is to correct that omission with a constitutional amendment. Hopefully, that will be coming in the not too distant future, given the work of the committee currently dealing with children's rights.

In the context of child abuse, which has poisoned our society, it would be wrong to exclude from this legislation measures to extend legal protection regarding the new statutory entitlements we are providing to same-sex and co-habiting couples. The children of such relationships must be also included. How can we remain silent on these issues and not make such provisions? These children are legal dependants of the couples about whom we are talking and therefore they should be covered within the legislation. In his reply, perhaps the Minister will explain that omission, as well as indicating to what degree he will accept amendments in that direction. Does he propose to introduce such amendments himself? To my mind, this is the most glaring omission in the Bill, given the parameters within which the legislation is to operate. It would be worthwhile therefore to deal with the role and place of children within the context of the Bill.

The other side of the coin is that within our Constitution there is a presumption of heterosexuality in the provisions on the family. That presumption flows from the constitutional provisions on marriage between a man and a woman only, and the character of the nuclear family. The core message of the Constitution is that men and women marry to procreate. The State gives constitutional protection to the mother and to the family arising from marriage, which is the context of Article 41 covering the family. Therefore, religious tenets rather than secular pluralism are uppermost in the current constitutional provisions dealing with the family and marriage. In this respect, there is no recognition of addressing anything other than heterosexuality. The very fact that heterosexuality is addressed, however, means that, by omission, there is no consideration of any other sexual orientation. Therefore our Constitution is neglectful, which is a glaring omission.

By recognising the statutory registration of same-sex relationships in this Bill, the State is accepting that it has been neglectful of the rights of its citizens who are not heterosexual. In fact, the Bill is a recognition that there has been neglect within the panoply of rights granted in the Constitution in terms of other sexual orientation. It is accepting same-sex relationships and granting them the protection of the law. Likewise, similar protection is now being granted to co-habiting heterosexual couples who do not choose to marry. These are areas that our Constitution did not even envisage as being part and parcel of what might be provided for when it was framed in the 1930s.

The Bill represents a considerable step forward considering the statutory status that existed back in 1994 when the law defined homosexuality as criminal. We have now moved to give legal status and protection to gay and lesbian relationships. The next logical step is to look at the right to marriage between same-sex couples; that would be a full civil union between two citizens in a stable loving relationship. Otherwise, our Constitution will continue to reflect a two-tier discriminatory system based on sexual orientation. It would not be the end of the road, as some people might be inclined to believe. Quite a number of other European countries have already gone down this route. For example, Spain and Portugal, which are strongly religious countries, have legislated for marriage between same-sex couples. To my mind, that is the next step that must be contemplated by legislators here. It has been already contemplated by quite a number of commentators. In 2006, the working group on domestic partnerships reported to the then Tánaiste and Minister for Justice, Equality and Law Reform. On the option of full civil partnership, the group commented as follows:

Full civil partnership falls short of full equality for same-sex couples as it excludes such families from the protection given to the family in the Constitution.

It clearly recognised that full rights are not available under the particular option we are now discussing. I am sure the Minister will be glad to know that no less a person than our former Taoiseach, Deputy Bertie Ahern, made the following enlightened statement in April 2006:

Our sexual orientation is not an incidental attribute. It is an essential part of who and what we are. All citizens, regardless of sexual orientation cannot stand equal in the eyes of the law. Sexual orientation cannot and must not be the basis of a second class citizenship. Our laws have changed and will continue to change to reflect this principle.

Clearly, Deputy Bertie Ahern, who was the Taoiseach at that time, was indicating that this was a work in progress and was moving down the road towards providing certain rights for cohabiting and same-sex couples and that this was right and proper within the context of our legislative framework. It was clear we were by no means coming to the end of the process, but were moving along the road with the process. That is the vein in which the Labour Party looks at the legislation. We accept it for what it is, a major step forward, but recognise it is not the final stage of the work. We will consider it and consider how it can be improved and expanded upon to provide further rights for those, particularly children, omitted from its provisions.

The legislation proper provides for a process of registration which is much the same as that for marriage and for the amendment of the Civil Registration Act 2004 to include civil partnerships, dissolutions, nullity decrees and so on. An issue that has arisen is the place of registration and the person to conduct the registration. Incidentally, it was interesting to read in today's newspapers that Croke Park can now be a venue for civil marriage ceremonies. Croke Park has been quite ecumenical in its approach to sport in recent times and besides being open to hurling and Gaelic football, it has been open to rugby, soccer and Australian football. I have no doubt the GAA will be just as ecumenical with regard to civil partnership ceremonies and I see no reason that there should be any problem with registration of such ceremonies there. It is only proper that people whose function it is to perform marriage or civil registration ceremonies should be willing to perform civil partnership ceremonies between same-sex couples. This is something they should not, willy nilly, refuse to do.

I welcome the legislation which the Labour Party accepts with its various faults and omissions. We hope it will improve during its progress through the House and that we take the extra step forward towards full equality for gay and lesbian people.

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