Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

We need to address the issue to which the civil partnership legislation, which was very much welcomed and which I supported, was blind and which I raised during the course of the debate on the legislation. It was blind to the fact that gay couples had children, cared for children and brought up children. The HSE places children for fostering with gay couples. That is why we believe it is crucial that before we have a referendum all of the issues relating to children which affect gay couples, cohabitees be they heterosexual or gay, and affect married couples where they utilise assisted reproduction; all the issues surrounding guardianship and the upbringing of children and identifying family relationships and rights and obligations of those who are truly parenting children and the best interests of children are addressed in legislation because all of these issues are relevant to where we are today. They do not in any way uniquely relate to the celebration of a marriage by a gay couple. They are relevant to where we are today in the context of the diverse range of families we have throughout the length and breadth of the country. They are relevant to individuals who are parties also to civil partnerships.

The legislation is at an advanced stage in the preparation of the heads of a Bill which I expect to publish and take through the Cabinet in January. I had originally hoped we would have them in December, but they have taken a little longer to prepare. We are reasonably close to being sufficiently assured to say that by the end of January the heads of the Bill will be published and that they will go to the joint Oireachtas committee for consultation. I hope to publish the Bill in final form well before the summer vacation and to have it enacted, with the assistance of Members of both Houses, by the end of next year. We will then be able to focus in 2015 on the referendum to facilitate the marriage of same-sex couples.

There are two or three crucial issues, the first of which is the question that should be put to the electorate. There must be absolute clarity in order that there will be no confusion as to what the question the people are being asked to favour or reject. The second is preparation in advance to ensure the public fully understand what they are being asked and the issues involved in order that no one can say he or she has been taken short. The third issue which was raised by Deputy Luke 'Ming' Flanagan and is legitimate is the need to ensure there will be a debate that to which the electorate will listen and on which it will form a judgment and which will give them the facility to vote in the referendum. I hope a majority will vote "Yes". My concern which I share with the Deputy is the manner in which media outlets, in particular broadcasters, have interpreted Supreme Court judgments results in a distorted media discussion in the lead-in to a referendum. I recall during the court of appeal referendum campaign RTE inviting people who favoured a "No" vote in the referendum to text in because its view was it could not interview anyone, including me, as the Minister who had brought the proposal before the House and who favoured a "Yes" vote, unless it could find someone who favoured a "No" vote. It is my hope there will be reconsideration in that regard. The Supreme Court requires a representative proportionate discussion in the media reflecting the reality, not artificially seeking out people who will say "No" to a proposition that every Oireachtas Member and the overwhelming majority of people support. Those who oppose a proposition must be heard, but we are now operating a system under which those who favour a proposition are censored and there is a barrier to them in articulating the case to inform the people as to why they should vote "Yes".

I thank everyone who contributed to the debate. I also thank Marriage Equality, GLEN, the ICCL and my Fine Gael colleagues, led by Deputy Jerry Buttimer, who are committed to change and equality in this area. I look forward to bringing forward the necessary legislation to facilitate the referendum.

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