Simon Coveney (Cork South Central, Fine Gael)

I wish to make a number of points. I welcome the Bill. It represents progressive legislation for a modern, tolerant society. I welcome the fact it has finally come before the House. It is worth noting, as other speakers have, that my party produced a very similar policy document through Sheila Terry in 2004 which virtually mirrors this Bill, in terms of what it proposed. I recall the debates within the parliamentary party at that time which were difficult, with different views on the proposed policy at the time, but we decided to endorse it after a prolonged debate. I recognise that the Minister also comes from a catch-all party which has a series of different views on this Bill. It is also worth noting that the Labour Party introduced a Private Members' Bill which is also very similar to this Bill.

We know what is being proposed. The Bill will give legal recognition in Ireland to a relationship for same-sex couples. It will establish a registration scheme for civil partnerships for same-sex couples and it will provide a range of rights and responsibilities - which I will discuss later - following registration, including succession rights, pension rights, shared rights regarding property and so on. I presume the Finance Bill will contain provisions regarding financial rights regarding taxation which will be also passed into law.

There are also provisions to protect cohabitees in instances where a cohabiting dependent may find himself or herself vulnerable upon the death of another cohabiting relation, friend or whatever. Again, it is a difficult balance. One will hear people say we should give the same cohabiting rights to couples, whether they are a brother and sister, two men or two women, as we are now proposing to give to same-sex couples. I can understand why the Minister has not done that. There is a difference between two people committing to spend the rest of their lives together because they love each other and may want to have a family together, and two people who live together because of financial necessity.

My view on this has wavered as I have heard different arguments but, on balance, it would be wrong to introduce a Civil Partnership Bill whereby every cohabiting couple in the country would be able to apply on the basis that they live under the same roof. There has to be an emotional commitment to one another as a qualifying criterion to get married, in the case of a man and a woman as it is defined in the Constitution, or to avail of the new civil partnership proposals we are debating here.

I want to address some of the concerns expressed in favour of and against the Bill. I join Deputy Jan O'Sullivan in extending good wishes to the thousands of same-sex couples who are officially cohabiting and others who have been waiting for this legislation to enable them to secure legal recognition for already emotionally cemented relationships. I hope these couples will enjoy the legal benefits and supports they secure as a result of the enactment of this Bill. Figures from the 2006 census show 121,800 cohabiting couples form family units, of which 2,090 are same-sex couples.

Many same-sex couples have been living in legal limbo for a long time. This has had tragic consequences in cases where one of the partners died. In other cases involving persons who have been injured in road traffic accidents, decisions on whether to switch off a life support machine have been taken not by the same-sex partner to whom the person is closest, but by blood relatives with whom he or she no longer has an emotional relationship. This is a human rights issue. People who want to commit the rest of their lives to another person and provide emotional and financial support should be afforded the protection of law, irrespective of whether they are of the same or the opposite sex.

The legislation is a significant step in the right direction. I am one of those who have changed their minds on whether to take a further step and provide for same-sex marriage. I no longer have concerns about introducing a form of same-sex marriage, although I do not believe it is likely under this legislation. While I am aware that such a step would give rise to constitutional issues and complications regarding children and adoption, these matters have been addressed in various ways by other countries.

People who wish to commit their lives to one another should receive full recognition in the eyes of the law. I refer to civil rather than church marriage because many people confuse religion with marriage. Civil marriage is a recognition by the State of a union of two people. The State also recognises the institution of the family. Separate from this is the recognition of marriage in the eyes of the church. While church recognition of one's marriage is important to many people, including me, it should not determine how we legislate.

I do not accept the argument that this legislation is a threat to the status of marriage or the family. The status of marriage is clearly defined in the Constitution and is unaffected by the legislation. I understand the view that the State should try to support the nuclear family, that is, a mother and father and their children, because many of us were fortunate to grow up in this kind of stable environment influenced by a father and mother. The family structure has, however, been undergoing constant change. We cannot legislate to prevent such change. Our responsibility is to do everything in our power, through the institutions of the State and legislation, to support the different types of family entity in Ireland. These include lone parents, cohabiting couples who have chosen not to marry and same-sex couples, some of whom have children living at home, whether from previous relationships or for other reasons. Our focus should be on asking what we can do in legislation or by means of State structures to support and solidify family units, that is, relationships between two people of the same sex or both sexes.

The assumption that this legislation proposes to give same-sex couples a series of rights without asking them to make a serious commitment on the back of these rights is false. Signing up to a civil partnership is a significant commitment which cannot be undone unless one partner dies or a court issues an order dissolving the partnership. A civil partnership involves a series of commitments which will encourage people to stay together and be supportive of one another. For the first time, the State will support same-sex couples. This is a positive development and should be supported because it encourages commitment.

I propose to address the issue of children. While the Minister deserves recognition for introducing this legislation, his efforts to address the difficult and delicate issue of children are inadequate. The Bill makes few references to children, children's rights, adoption, guardianship or custody. We must do more in subsequent Stages of the Bill to ensure the rights of children are protected.

Many people reduce the issue of children to the argument that same-sex couples should not be allowed to adopt. This is an incredibly ignorant position which fails to address the complexity of the issue. There are two sides to the argument that same-sex couples should not be allowed to go through the adoption assessment procedure and adopt a baby. However, in most cases involving children, the reality is that the same-sex couple is seeking the right of guardianship or custody - or in some cases the right to adopt - of children who are already in the relationship and part of the home. One may have a divorced or separated woman who lives with her child and has entered a same-sex relationship. The new family structure consists of the biological mother, her child and another woman. Under this legislation, the couple will be able to secure recognition through a civil partnership if they choose to do so. In such circumstances, what would be the legal rights of the child in the event that the biological mother passes away and the biological father lives in a different country and no longer has a relationship with the child? Will custody or guardianship transfer to the new entrant in the family unit who has legal recognition in terms of her relationship with the mother but no such recognition in terms of her relationship with the child? That is a very real scenario which occurs in Irish homes and we must deal with it in this legislation.

There is also the issue of adoption; the bringing of a child into a family from outside. One may look at how countries such as the Netherlands, Belgium, Spain, Sweden, Canada, Norway and South Africa, all of which have introduced full same-sex marriage, deal with adoption. They do so in slightly different ways. In some cases a child can be adopted only if it is the biological son or daughter of one of the same-sex couple. In others applications for adoption are allowed but only within the state concerned. Foreign adoptions are not allowed because there are complications with regard to recognition of same-sex marriage in other states.

There is a range of ways in which we can deal with the issue but we cannot ignore it. We must put in place a legal structure for this circumstance. Perhaps I missed it, perhaps it is included. We must establish a structure to protect children in the family unit of a same-sex couple whose civil partnership breaks up. In the same way that children and the welfare of the child take primary position in cases of marriage breakdown we must have provision to protect children who may find themselves part of such an evolving family unit. I ask the Minister to consider that issue. I recognise it is a very difficult area but we have responsibility for it and must deal with it.

I disagree with some of my colleagues about conscientious objection. This is a classic example of the need to separate church and State in terms of policy. If we pass a Bill which gives a legal right to same-sex couples under civil partnership legislation those couples have the right to expect that the State will deliver the services it has signed up to deliver under the Bill. This is a question of the law not of a person's religious beliefs. It is important to say this. The Minister spoke of the potential for discrimination, perhaps on the basis of deeply held religious beliefs, but the law has an obligation to ensure that the protection of people against discrimination overrides those concerns. In the same way we must protect other minorities in Ireland, whether they wear a headscarf or have a different skin colour, religious belief or tradition. This is about ensuring that everybody is seen as equal in the eyes of the law and that the relationships we support through the civil partnership Bill cannot be discriminated against when this legislation is passed.

I try to keep religion out of this debate. I consider myself to be a practising Catholic and the basis of Christianity is about tolerance and respect for the diversity of others. In my view, it should be about taking a liberal and tolerant view on issues such as this. We must protect the people for whom we are legislating in this Bill. We must ensure that even if people have a conscientious objection they will not be able to discriminate against a same-sex couple because they do not approve of their behaviour.

This is not an ideological stance, one way or another. I am sure the Minister has heard both sides of this argument in his party as I have in mine. I do not espouse a Fine Gael position but give my personal viewpoint.

There is still some work to do on the legislation, particularly in the areas of children's rights and support for families. There is work to be done, too, in improving the support mechanisms to be provided for cohabiting couples in the Bill. I do not suggest we give them the legal recognition we propose for civil partnerships but we could go a little bit further in terms of financial supports and establishing rights in the areas of inheritance, wills, decision-making, property and so on. The Minister will see the tabling of amendments to reflect that.

I look forward to Committee Stage of the Bill where we can explore in more detail some of these issues.

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