Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I welcome the opportunity to speak today on an issue of equality that is very important to many thousands of people and their children. The past 20 years have witnessed immense progress in the advancement of the equality agenda for the lesbian, gay, bisexual and transgender community. Homosexuality was once hidden from public view but has been brought out of the shadows and is openly expressed. Being gay or lesbian no longer has a stigma attached, and rightly so. Old prejudices have been systematically combated through a raft of legislative measures. These legal changes have reflected broader fundamental shifts in society as it moves towards real equality regardless of sexual orientation.

Much work remains to be done in making further progress on these matters so there can be true equality in Irish society. The right to equality in marriage stands as one of the last remaining challenges to be overcome. It is worth reflecting upon the steps forward that we have taken and the work that remains to be done in achieving same-sex marriage rights. I take real pride in the work of Fianna Fáil in driving this agenda. In 1989, Fianna Fáil, which was then in government, steered through the Oireachtas the Prohibition of Incitement to Hatred Act, which made it an offence to stir up hatred against a group or persons on account of a number of specific grounds, including sexual orientation. This principle was subsequently extended to the area of broadcasting to further copper-fasten protection against the proliferation of hateful material.

With regard to the decriminalisation of homosexuality, in 1993 the Fianna Fáil-led Government, with Ms Máire Geoghegan-Quinn as Minister for Justice, brought forward the seminal Criminal (Sexual Offences) Act, which finally brought an end to the unfair criminalisation of homosexual practice. The then Minister took the lead in advocating publicly in the press and Oireachtas for a change to the law. It was worth noting that the legislation was moved forward amidst considerable controversy, with a poll in The Sunday Press in May 1993 indicating that 50% of people were opposed to a change in the law. Some conservative groups were mounting a vocal campaign to oppose what they described as teenage buggery. We resisted Opposition attempts to set a discriminatory age of consent. This ensured effective equality regardless of sexual orientation. Others cynically played for political points and pressed for an increase in the age of consent to 18 years for homosexuals while leaving the heterosexual age of consent between 15 and 17 years. The less party-political attention this debate achieves, the better. Gay people deserve better than political point-scoring.

The Employment Equality Act 1998 prohibits discrimination in employment on grounds of sexual orientation. It was followed closely by the ground-breaking Equal Status Act, which was initiated by Fianna Fáil and came into effect in October 2000. The LGBT community rightly enjoyed the full protection of a suite of equality legislation. The evolution of policy that led to this legislative protection has taken place in Ireland since the 1980s and Fianna Fáil has played a central role in legislating on these issues. This is upholding the true republican value of equality for all citizens.

Ireland has been at the forefront of countries that protect LGBT people against discrimination. It has encouraged developments at European level. There are compatible arrangements in Northern Ireland under the Good Friday Agreement ensuring that equality is an issue across the entire island of Ireland.

The civil partnership legislation of 2010 was the next frontier in progressing the equality agenda in the recognition of the legitimacy of loving same-sex relationships. The civil partnership Bill introduced by Fianna Fáil in 2010 had far-reaching consequences for same-sex couples. For the first time in Irish law, gay and lesbian relationships have been given official recognition. With this new legal status comes a range of rights and responsibilities. These include pension rights, succession rights, maintenance obligations and protections in the event of domestic violence. The Act also recognises civil partnerships, or their equivalent, from other countries. It outlined a cohabitants’ redress scheme and provides for a safety net for financially dependent long-term cohabitants at the end of a relationship.

In a modern society such as ours, it would be unacceptable to continue to ignore same-sex relationships. The overriding aim of the Act was to bring about positive change to same-sex relationships on both a profound and practical level within the current constitutional framework. More than 1,500 partnerships have been formed in a testament to the liberating strength of the legislation. Civil partnerships constitute an important milestone on the road towards same-sex marriage. Same-sex marriage represents the next fundamental step along the path to genuine equality. At the Fianna Fáil Ard-Fheis held in March 2012, our members voted to pass a resolution supporting equal marriage rights.

Fianna Fáil is a republican party and it is our policy to build a republic which is founded on the equality and dignity of every member of the human family. We stand for an open and inclusive society where the dignity and equality of every person is fully upheld. Our policy of supporting same-sex marriage reflects a commitment to providing State recognition and support for monogamous, lifelong relationships between adults which form the central basis of society. This policy is underpinned by the inalienable principle of equality among citizens, regardless of their sexual orientation.

Fianna Fáil remains committed to the central role of the family, the institution of marriage and the guiding principle of equality that underpins our position as a republican party. We do not believe that equal marriage rights for all citizens in any way threatens or undermines the strength of the family unit and the institution of marriage. Providing a legal framework to sustain lifelong relationships does not weaken society but strengthens it.

It is important to draw a distinction between civil and religious marriages and to respect the innate right of religious bodies to conduct their ceremonies without undue interference from the State. The proposed constitutional change refers to civil marriages and will not force any religious organisations to conduct ceremonies which do not conform to their faith. This principle of fairness has worked in the United Kingdom and elsewhere. Moving forward with marriage equality underpins broader shifts in Irish society, which opinion polls have indicated is overwhelmingly supportive of the move. It also brings us into line with progressive European countries. Ireland can take a stand for enhanced equality by moving forward with this legislation, rather than lagging behind other EU states.

In conclusion, I trust that the Government will push forward with plans to hold a referendum on this issue in 2015 and will provide legal certainty around adoption issues. Clarity over the legal rights surrounding children will be vital in giving real effect to the protections afforded in the Constitution to the family unit. Fianna Fáil supports the convention's recommendation and will actively work towards passing the referendum when the Government moves it. It will be a leap forward for the country and a welcome day for the thousands of same-sex couples who want to express their love.

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