Michael Colreavy (Sligo-North Leitrim, Sinn Fein) | Oireachtas source

The purpose of the Bill appears to be to bring legislation in line with how people live their lives today. There are some who seem to be of the view that if we do not change the legislation, somehow people will live the kind of lives we had at the foundation of the State, and that they will live different lives that fit in with the views of some people on the world and the State. However, that will not happen. The Bill is catching up with life as it is today.

The make-up of families has changed substantially since the foundation of the State and the drafting of the Constitution. The laws which were enacted and introduced by the fledgling State reflected the reality of the time. From today's perspective, Ireland would probably be viewed as far more conservative and narrow minded in terms of the prevailing view of what constituted a family. I make the point without any intended criticism that to the people of that time, any family that did not consist of a father, mother and children was considered strange. It was not quite a family. Men who were widowed were expected to marry again, because it was considered to be somehow perverse to have men rearing children on their own. Single mothers came under the scrutiny of the State, and it was often the children of families where the father was no longer present who were shipped off to industrial schools to face the horrors we have come to learn about.

The far different make-up of families today is accepted by the vast majority in society. There are two-parent families, one-parent families, step-parents and a whole multitude of different varieties that make up modern Ireland. Therefore, I welcome the long anticipated Children and Family Relationships Bill. This legislation will hopefully reflect the different make-up of families which now exist in Ireland and ensure security and peace of mind for all families in this State.

I echo what Deputy Ferris said in commending the Minister on her introduction of the Bill.

The Children and Family Relationships Bill is much more than a piece of legislation for same-sex couples. Some people are putting across a point that this is all about same-sex couples, but it is about much more than that. Some elements are making scurrilous accusations that this piece of legislation will somehow give same-sex couples more rights than heterosexual couples. This lie must be put to bed. The Bill in fact recognises the fundamental diversity that exists in Irish family life. It gives a legislative voice to an existing reality. Day-to-day tasks such as medical examinations and school trips can prove difficult for some families if there is no clear legislative guideline as to who can be considered a parent or guardian. It has a big impact on how people can live their lives. This is an important step towards recognition of equality for all. It would be disappointing if those voices which only wish to spread lies and half-truths were allowed to be the loudest in this debate.

There are of course some issues with the Bill which I believe need to be addressed. The section regarding cohabitation needs to be examined, whereby a father living with the child's mother for 12 consecutive months, including at least three months with the mother and the child following the child's birth, will automatically become a guardian. It is not always possible for the father to live with the child's mother for 12 consecutive months or for three months following the birth. There are many reasons a father may not be cohabiting with the mother of his child. For example, the mother might be living with her parents, or the father might be living in another part of the country or another country due to work commitments. There is nothing substantial for unmarried fathers outside the cohabiting clause. Everyone else will be obliged to resort to the courts if the mother does not agree to sign a statutory declaration of joint guardianship. These issues need to be addressed by the Minister.

The courts and the legal system must be equipped to deal with the changes that the Bill will introduce. The Bill is possibly one of the most significant pieces of legislation that will impact on how the legal system will view the make-up of the family structure. There has to be a degree of specialist knowledge in this area, and the court system must be adequately equipped to deal with these cases coming before the courts. The days when children and parents are dealt with in the same way as other civil cases must end. An adequate family law court system must be established, backed up by a comprehensive court welfare system. Access to this must also be addressed, especially for low-income families who are unable to access free legal aid. The court system must be open and available to all, not just those who can afford it.

The Minister should work to ensure that as many people as possible are aware of what the outcomes of the legislation will mean so that those putting forward the nightmare scenarios are silenced. This will be useful to counteract many of the lies being spread by a small but vociferous section of society who seem bent on misinforming the public. Also, the more information that is given to the public, the more families in future will be aware of the legal situation in which they find themselves. For example, many people believe that putting a father's name on a birth certificate automatically guarantees a father's guardianship rights. As we know, it does not.

Overall, the Children and Family Relationships Bill is a progressive step on the road to creating an Ireland that better recognises its diversity. I welcome the fact that the legislation has been brought before the House and I look forward to working with all Deputies to ensure we get this right. The Minister's office needs to work very closely with Opposition spokespersons to ensure the final enacted legislation is as good as it can be. I sometimes get the impression that amendments put forward by the Opposition are regarded as a comment on the ability of the Government, the Minister's office or the legal draughtsmen. Conversely, Opposition spokespersons putting forward amendments may not fully realise that there might be unintended consequences to the amendments being tabled. We need to look on this as a collaborative job of work, because by working more closely together, listening to each other and deepening our understanding of the complexities of today's lives, we will surely come up with the best possible piece of legislation to reflect them.

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