Dáil debates

Tuesday, 17 December 2013

Third Report of the Constitutional Convention - Same-Sex Marriage: Statements

 

7:30 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I congratulate the Constitutional Convention on its excellent work to date. I had some reservations initially but I am pleased to see the Constitutional Convention take on a life of its own and begin to undertake the task of making some much-needed changes to Bunreacht na hÉireann. When the Constitutional Convention met in April 2013 it was meeting to consider same-sex marriage. The Constitutional Convention voted by a decisive majority in favour of changing the Constitution to allow civil marriage for same-sex couples. The convention's strong endorsement of equal marriage rights in Ireland marks an historic step in the campaign for marriage equality in Ireland and we are grateful to all members of the convention who made this happen.

My party and I feel very strongly about marriage equality. As republicans, equality is at the heart of all we believe in and we strive for this every day in the course of our work and activism. We believe in a new republic where all citizens are equal, regardless of the colour of their skin, their religious belief, sexual orientation, where they live and what they do. Offering same-sex couples civil partnership is offering them a second-class right. This is absolutely and entirely unacceptable in 2013 Ireland. It is prehistoric, ancient and discriminatory. The time has come for marriage equality. This is a human rights and equality issue. Loving, committed relationships between two consenting adults should be treated equally regardless of gender or sexual orientation. All couples, same-sex or otherwise, should be allowed to share the same responsibilities, obligations and respect that marriage provides. This should be enshrined in the Constitution.

We also need to see complementary legislative changes to equally recognise and protect all family forms, including non-marital families of all sexual orientations, and more robust general equality provision that expressly prohibits discrimination on the grounds of sexual orientation or gender identity. Sinn Féin has a long-standing position of support for lesbian, gay, bisexual and transgender, LGBT, equality in all dimensions of life and law, including the equal right to civil partnership, legal recognition of same-sex marriage and the equal right to found a family including by adoption. Any constitutional provision on the family must not discriminate on the basis of sexual orientation and must equally recognise Irish families in all their diverse contemporary forms.

The 1937 Constitution should be amended to unambiguously enshrine equality in all aspects of life as part of a comprehensive Bill of Rights or Charter of Rights as required under the Good Friday Agreement, under strand three paragraph 9 on rights, safeguards and equality of opportunity. Sinn Féin submitted a submission to the Constitutional Convention calling for a Bill of Rights amendment. We have been very pleased with the responses. Along with my party colleagues I have met a range of NGOs, stakeholders and people who campaign on human rights matters and it has been received very favourably. I cannot stress enough the need for comprehensive Bill of Rights amendment that would follow a systematic review of the provisions of Articles 38 to 45, inclusive.

The work of change was delegated to the constitutional review group in 1986. It was then continued, but was never finished, by the all-party Oireachtas committee on the Constitution. The Government discontinued that committee in favour of the Constitutional Convention. As I pointed out earlier, the Constitutional Convention has done a fine job. Following the successful pilot period, the Government and the Oireachtas should now mandate fresh Constitutional Convention in the same format with a broader and more comprehensive remit to address the two broad areas of a Bill of Rights and institutional reform in the 2014 to 2015 period and to introduce the remaining proposals for amendment in time for 2016.

What better way to celebrate 1916 than by enshrining rights of equality within the Constitution? This would be more in keeping with the coalition parties' pre-election promises than the limited Constitutional Convention it authorised last year. While the convention, in its limited terms of reference, has been a very positive development and has worked better than most people had hoped, it needs to be strengthened. I welcome the Government's commitment to holding a referendum on marriage equality but it is of the utmost importance that the Government adopts a proactive approach to bringing forward the legislation to give effect to this referendum. We need a date for the referendum so that all relevant bodies can work towards this.

I was sorry to hear the Minister, Deputy Alan Shatter, refer to referendum fatigue. This idea that the public is tired of referenda should not be held up as a reason for delaying the delivery of equality. It does not wash. I am sure we can all create the mental and emotional space needed to deal with the referendum, especially when it concerns the equality and the delivery of constitutionally entrenched rights. The Government charged the Constitutional Convention with making recommendations on such matters and it recommended that this be put to the people. Our reluctance to allow that process to flow unhindered will effectively undermine the credibility of the convention. Sinn Féin will actively and enthusiastically campaign to ensure the civil and legal rights of the LGBT community, including the right to marry, are fully protected in the law.

Let me now make a personal reflection. I got married recently and this has brought me great happiness. The Minister was one of those who shared congratulations with me on my marriage. Like with all married couples, my and Sinéad's wedding day was a very special day. During it and the days leading up to and after it we felt the embrace and good will of family and friends all around us. This was a wonderful time in our lives. Among the guests at our wedding was a good number of gay couples. I had the privilege of attending the marriage of one of those couples in Spain and that was a powerful day.

There have been many civil partnership ceremonies all across Ireland and more people have had their eyes opened to how important it is to allow two people who love each other to marry. The words of Barack Obama on this issue were very simple, but powerful. He spoke about two people who love each other, who want to step up to the plate, if that is their choice. Some people do not get married and their love is equally as valid as that of those who are married. If two people who love each other want to step up and say they want to make a life commitment in every legal way they can to the person they love, that should be facilitated. The day Sinéad and I got married, I felt a tinge of sadness that we were able to get married, but in our presence were couples who loved each other every bit as much as we did and who had made a commitment in every way they could to each other, but who could not have the same equality or moment we had. The sooner that day comes and the sooner I can go to their weddings the better.

I know we live in a diverse society and that we must respect everybody's perspective. There are people who profess to follow the word of Christ, but who use the word of Christ, as they interpret it, to oppose the right of two human beings who love each other to be married. These people are wrong. I am a Christian and I have faith in Christ, but I cannot for the life of me understand how people who believe in the Christ I love and in whose teachings I believe can advocate that Christ of love, compassion and every good thing we learnt about him and believe in and oppose the right of two human beings, two children of God who love each other, to have that moment to say they commit themselves to each other for as long as they both wish. I was deeply moved by the comments of Barack Obama and by those of his remarkable wife, the First Lady of the United States, Michelle Obama, who both used their words so powerfully. They challenged those powerful forces in American society who opposed same sex marriage by simply speaking about two human beings who love each other.

I wanted to share this with the House because we had a wonderful wedding day. Marriage equality was our theme on the day and we used the rainbow colours of marriage equality throughout the day. Sinéad's bouquet was the marriage equality colours. Our wedding day was a powerful day. I ask everybody and I am willing to discuss it with them over a cup of coffee or in whatever forum they want, to think about the reasons they oppose same-sex marriage. Same-sex marriage is not a threat to marriage between man and a woman or to the love or status of these couples because of the marriage of two other human beings. I thank the Chair for indulging me on this contribution.

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