Michael D'Arcy (Wexford, Fine Gael)

I consider this Bill a welcome opportunity to afford rights to the gay community. These are rights that all married couples enjoy without question, including rights to fairer rates of tax, pensions, inheritance and for basic status of next-of-kin. Homosexuality was rightly decriminalised by the State in 1993, but some people are still being punished in the context of the rights of a couple in same-sex partnerships. It is time to end this punishment and this is the opportunity to do so. This is an opportunity for Ireland to join the 15 other states worldwide that recognise the rights of same-sex couples to enjoy the tax benefits of married couples and to remove itself from the unfortunate position of being among the last two major western states that do not have some legal provision for recognising same-sex relationships.

I welcome the Bill because it will ease the lives of the many same-sex couples in this country. It will bring these couples in from the cold, give them security and ease their worries in times of grief, illness and financial insecurity as a result of unforeseen circumstances. I received a large number of e-mails supporting the legislation, but, strangely enough, not as many as I did when the Labour Party proposed its Bill in late 2007. These are Irish citizens who must be afforded the protection of legislation and they have outlined their wish for this Bill to be passed. Many unfortunate circumstances were outlined to me in these e-mails, too many to relate here. The Bill reflects Fine Gael policy and gives us the opportunity to complete the debate, which was cynically postponed by the Government in the run up to the dissolution of the Dáil prior to the last general election. Fine Gael has been seeking this opportunity since it was the first party in Dáil Éireann to publish a comprehensive civil partnership plan in 2004, following a commitment in the Visible Justice document of 2002.

As I said earlier, the Labour Party moved a Private Members' Bill in late 2007, but it was defeated. Therefore, it is good, even if it is somewhat later than many people would have liked, to bring closure to this legal loophole. We can only assume from party manifestos that the Government will bring all its might to bear to ensure that this Bill passes as quickly and comfortably as possible. Fianna Fail stated in its manifesto that it would address the need to provide a legal framework that supports the rights of same-sex couples, including by extending State recognition to civil partnerships between such persons, so that they could live in a supportive and secure legal environment. The Green Party similarly promised to remove all gender specific terms from the current legislation and regulations governing the granting of marriage to allow same-sex couples enjoy the rights and responsibilities of civil marriage and that it would recommend the creation of a new category of civil partnership, an institution that could be created and dissolved with more ease than marriage. This would be available to both heterosexual and same-sex couples. If these are the policies of the Government parties, this is the belated opportunity for them to finally fulfil them.

Senator David Norris introduced a Bill on this issue in November 2005. The Government dismissed his Bill and promised it would introduce its own. That Bill did not materialise. When the Labour Party introduced a Bill in late 2007, the Government defeated it. In the programme for Government, Fianna Fáil, the Green Party and the then Progressive Democrats pledged that they would legislate for civil partnerships at the earliest possible date in the lifetime of the Government. We have just completed the first half of a five-year term and are no longer in the earliest part of the Government's time, but the time has come now to deal with the issue. There has been considerable comment from some quarters that the Bill provides for same-sex marriage. It does not. That will only be decided following a referendum by the citizens. The people will decide on that matter, not the small number of elected representatives in the Oireachtas. If those who promote same-sex marriage are not satisfied that we need a referendum, there is nothing any public representative can do as it is a constitutional matter.

I am certain the more conservative elements in our society are not pleased with the legislation, but it is a step in the right direction. Equally, more liberal minded people believe that the Bill does not go far enough. They will not be satisfied with anything less than same-sex marriage. I feel the legislation is a reasonable attempt to find a balance between both sides. I do not often compliment the Minister on legislation, but he has the right principles at heart on this occasion. Improvements could be made. I hope the Minister will be co-operative in respect of accepting Opposition amendments on Committee and Report Stages.

We have now moved into the second decade of the 21st century. This is not the 1970s, 1980s or 1990s when homosexuality was illegal. This Bill would end discrimination against the gay community and afford its members the rights they need and deserve.

I agree with other speakers that there is a significant lack of knowledge regarding the fact that this Bill deals with cohabiting couples. The information that would benefit such couples is not available. I appeal to the Minister to ensure the existence of an information programme, administered by his Department and the Department of Social and Family Affairs, to ensure couples, including same-sex couples, be they cohabiting or otherwise, will not be left behind because they do not know their rights have changed.

The subject of fathers' rights is fraught with difficulty and should be dealt with. To do nothing is unfair to the fathers and children of the State. I will not pretend I know what needs to be done but I appeal to the Minister to ensure that the relevant Oireachtas committee considers the issue. Following a focused, considered discussion including input from family lawyers, fathers' groups and other relevant groups, a position could be found to help those who are in legal limbo.

It cannot be easy to be gay in Ireland. We still live in a very conservative society. Members of the gay community have been subject to significant abuse over the years, as touched upon by some Deputies. We need closure in this regard, in a way that is satisfactory to the gay community. We cannot allow À la carte equality.

The question of children is unclear and must be sorted out in the subsequent Stages of the Bill.

With regard to the question of civil ceremonies being conducted by members of the Civil Service, there can be no choice. It is their job and what they are paid to do. They cannot choose to do portions of their job as they see fit.

I do not have any gay or lesbian neighbours and do not believe there are gay and lesbian citizens in the same way as I do not believe there are heterosexual citizens. They are not gay, lesbian or heterosexual; they are just neighbours. The more we comment to the contrary, the more people become isolated. We are all citizens of the State and our sexuality is irrelevant. It would be better if one's sexuality were left unsaid.

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