Jan O'Sullivan (Limerick East, Labour)

I welcome very much the opportunity to participate in this debate and to mark the introduction of the Civil Partnership Bill as a step forward. This is one of the many sometimes painful steps that we have taken in Irish society to give freedom and equality to all our citizens. I welcome the Bill in the context of moving forward in terms of rights of people who live in the country. In many ways I agree with the last point made by Deputy Creighton. We need a new morality in this country. We should judge people by what they do and how they treat fellow citizens, rather than put labels on people and judge them by such labels.

We should adopt such a new morality in Ireland in the context of all that we have learned about what took place in past decades, when, simply because someone had the label of being a priest or a senior person in society, one could get away with scandalous and criminal behaviour against weaker citizens. As a result of a title or the role carried out, such people were held in high esteem and were able to get away with practices with which no society should have to put up.

Recently, I listened to a programme about Hilton Edwards and Micheál MacLiamóir. Those two wonderful men carried out great work for Ireland in the arts, including the foundation of the Gate Theatre, placing the theatre and the arts in a central place in Ireland, their interpretation of plays for the public in Ireland and so on. They were labelled as criminals at the same time that other men, protected by the fact that they were religious or held certain titles, were abusing children. We have emerged from a past in which we allowed people to behave in ways totally unacceptable and criminal, simply because of their title and the power they held in society. Slowly, we have come out of that era and we have learned a good deal about it in the recent past as a result of various reports. We must learn also to look at people for what they are and how they behave and how they treat fellow citizens rather than because of any label they carry.

While I welcome the Bill, I believe we should move towards allowing full, equal rights to same sex couples. I realise it is probable we cannot do so under the Constitution at present. However, assuming the Constitution must be changed and the people agree to any changes, we should move to full, equal civil rights for gay couples, including marriage.

I welcome the historic step being taken today but we should acknowledge the steps taken in the past, especially the decriminalisation of homosexuality in 1993. I congratulate the former Minister, Ms Máire Geoghegan-Quinn and the Fianna Fáil - Labour Government which initiated that legislation and brought it through the Houses of the Oireachtas. I was in the Seanad at the time. Despite many objections the legislation got rid of a label that should have disappeared long before 1993, but unfortunately, still existed in our laws up to then. Also, I commend Senator David Norris, who introduced a Civil Partnership Bill to the Seanad in 2004 and my colleague, Deputy Brendan Howlin, who introduced a Civil Union Bill in 2006. I now congratulate the Minister for Justice, Equality and Law Reform who has moved the process forward further from his position as Minister.

We should give these rights to couples who in many cases have been living together for years and who have committed to each other, in some cases through very difficult circumstances. For example, there are cases where one partner has been ill and the other partner has not been declared next of kin in terms of the right to consent to medical treatment. There are matters of inheritance and taxation issues and a variety of other issues where this legislation will make a real difference.

I wish well all the same sex couples who are waiting for this legislation to be enacted such that they can solemnise - if that is the correct word, although probably it is not because it is a religious word - or have their union recognised in a civil sense. I wish them a very happy union together.

I trust this legislation will make a difference in terms of society. Gay people have many difficulties in Ireland. I have a report before me entitled Proud Voices. It is an exploration study into the needs of lesbian, gay, bisexual and transgender young people in the counties of Limerick, Clare and Tipperary. I attended the launch of the document in the University of Limerick last year. It was carried out jointly by Rainbow Support Services in Limerick and the University of Limerick. It examined young people throughout the mid-west region and put questions about their experiences of finding out they were gay, addressing that fact, talking to their families, their experiences in schools, informing their friends and how they were treated across a range of areas. It is very enlightening and shows the difficulties gay people still have in Irish society, especially in schools. There is a serious issue of bullying in schools. While some schools are great at dealing with it and will confront the issue and support the young person having problems, other schools are not as quick to deal with these issues.

By taking this step, the Oireachtas is affirming the fact that we have a range of people living in our society and we must acknowledge their rights and the need for equality within our society. Not only will it provide practical measures in respect of taxation and inheritance, but we will send out a broader message about the way in which society values and treats all people. I have, however, a particular concern about young people. There are problems with homophobic bullying in schools. We must address that, specifically through the Department of Education and Science but also through the wider society.

The issue of children has been raised by many Deputies. There is a need for comprehensive legislation not only on the rights of children generally, but also on the rights of children in situations where their families are not what one would describe as the ideal family, that is, where there is a mother and a father. The reality is that, generally, we need protective laws for the many children who do not live in the ideal situation, where the relationships between their parents are not firm and solid, where the parents are not living together and so forth. The Labour Party civil union Bill attempted to address some of the issues relating to children, not just those of gay couples, but those of couples in general. That is not done in this legislation. I accept that there will be a constitutional referendum on the issue but public representatives collectively must ensure that the rights of children are protected in all types of situations.

As Deputy Varadkar said, children are living with gay couples, be they the natural children of women in a gay partnership or of men in a gay partnership. There could be other circumstances as well. Those children have the right to the protection of the law, to recognition of their circumstances by the law and to rights equal to those of other children. I recall attending a conference on this issue at a venue near this House. It was also attended by Deputy Seán Power, who was representing Fianna Fáil. A Canadian legislator gave a speech in which he referred to the reaction when the Canadian Government introduced marriage equality. He told of a child who was living with two men - he was the natural son of one of the men - in a gay household who asked him: "Does that mean that I live in a real family?" That child was securing recognition as a result of the Canadian legislation. We must recognise the rights of those children as well as the rights of other children. While the ideal family is in marriage and, of course, we must protect marriage under the Constitution, we must also recognise that children who live in other types of relationships have as great a right to be protected as children who are living in safe and secure marriages. We have a duty, as legislators, to address that.

Section 23 was discussed by both Deputy Varadkar and Deputy Creighton. I am inclined to agree with Deputy Varadkar's view that there must be sanctions when somebody is a public servant and is required to fulfil their duty under the law. I do not believe they should not have to do it because of religious objections. There must be a standard whereby public servants implement the law, and that must be clear. However, the suggestion that somebody would be imprisoned because they have not fulfilled their duty is not appropriate. I do not know if that provision can be amended. While there is a valid concern about the idea of somebody going to prison for not carrying out their duties, I am certain that there should be some form of sanction. Our laws must be implemented. The equality legislation must be implemented and people must be treated equally.

I wish to raise another issue which other Members might have raised. There is an article in The Irish Times today, which the Minister might have read, which suggests that an amendment might be required to the cohabiting couples section. I think the article was written by Carol Coulter. The article refers to younger people who cohabit. The intention of the cohabiting section is to provide for the rights of somebody who has been in a long-term relationship, perhaps in a caring role in the home, and whose partner leaves, leaving them with financial difficulties and so forth. I agree that those people's rights should be protected. However, the example given in the article is two 19 year olds who live together for a period of time and then separate. It made the valid point that there might be a need to amend the section to avoid doing something that was not intended in the Bill. The article raises a valid issue and there will be time on the other Stages to examine it. If the Minister has not read the article, he should do so before Committee Stage and ascertain if it makes a valid point.

I welcome the progress made in this Bill. I am sure it will be supported by all sides of the House and that there will be amendments to it. It is important that we take this historic step forward.

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