Dermot Ahern (Louth, Fianna Fail)

However, there is no doubt that the representations being made by others - not the registrars - was that there may be registrars who may have a difficulty. I listed out a number of possibilities.

When we pass laws in the State, we expect our public servants to implement those laws to the letter without fear or favour under the Constitution. If there were people who decided that they were going to opt out of this and not enforce what we pass in the Oireachtas, it would leave the taxpayer open to a huge claim for non-implementation of the law that applied to them and to which they were entitled. We live in a society composed of people of all different faiths and ethnicities. When I was Minister for Foreign Affairs, I was intrigued to see that there are 177 nations in the UN, and we have people from 169 nations resident in this State. Virtually every nation is represented in this State.

Up until now, a registrar could refuse on religious grounds to process divorce proceedings. Divorce is not recognised by at least one church, yet no registrar has not performed his or her duty, even though I assume some registrars are of that religion. A court clerk might refuse to issue divorce orders because of a religious belief. A fundamentalist Christian Garda might refuse to arrest a person who is breaching a safety order on the basis that the husband is entitled to chastise his wife. A judge might refuse to register a power of attorney in favour of a person's civil partner. A Muslim or a Mormon accident and emergency doctor might refuse to treat someone with alcohol poisoning. A social welfare official might refuse to pay a carer's allowance to a person's civil partner. A probate officer might refuse to issue a grant of administration to a deceased person's civil partner. Where are we going to end with all of this?

From a policy point of view, there was no way in which we could allow freedom of conscience in this regard.

With regard to what is in the Bill and what is not in it in terms of the use of church property, photographers, florists and so on, that is all dictated by the Equal Status Act 2000 and the Equal Status Act 2004 and, therefore, already provided for. This Bill will not do any more or any less. It will not destroy anyone's rights. It will give those people who have been deprived of those rights, civil rights and legal protection into the future.

Deputy Howlin referred to the issue of exemption. Section 5(2)(e) of the Equal Status Act 2000, as amended, exempts from its scope differences in the treatment of persons on the religion ground in relation to goods and services provided for a religious purpose. I refer Deputy Flanagan to section 59E, on page 23 of this Bill, which states, "A civil partnership may be registered only at a place and time chosen by the parties to the civil partnership with the agreement of the registrar and, if the place chosen is not the office of a registrar, the approval of the place by the Executive, [that is the HSE] and the question whether to give or withhold the approval, shall be determined by the Executive by reference to the matters that the Minister may specify".

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