Dáil debates

Wednesday, 23 September 2015

Marriage Bill 2015: Second Stage (Resumed)

 

3:55 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank all Deputies who contributed to the debate today on this Marriage Bill. I am sure all colleagues will agree that there have been very thoughtful and moving contributions from Members of the House on this proposed legislation. There have been very poignant contributions and important statements about the campaign and the type of process that it was. We heard how we need to reflect on it and many Deputies have reflected and learned from it, taking forward many of the lessons and experiences of people from that campaign in order to inform public debate. We can all reflect in that way. I thank everybody who has contributed, and I am sure many people will want to see the legislation progressing quickly. That will now happen.

I thank the Tánaiste and her officials for working so closely with me to effect the changes needed in the civil registration system that has allowed me to bring the legislation forward so quickly. It would be remiss of me not to thank the officials from the Department of Justice and Equality who have worked so diligently over the summer on the legislation. They include Ms Dara Breathnach, Ms Carol Baxter, Mr. Conan McKenna and others. They have put in a major effort right through the referendum period, including its preparations and our dealing with the various issues that emerged. They have also helped prepare the legislation. I also thank the Attorney General, Ms Máire Whelan, and her staff, who have been so involved with the process right the way through and who have made a major contribution.

Others have mentioned the support evident across the political spectrum, which was very important. We demonstrated leadership as a country and the first sovereign state to agree to marriage equality by way of referendum. It is something of which to be proud. Leadership was demonstrated by many people, as has been mentioned in the House today. The Taoiseach, Deputy Enda Kenny, led the way for the Fine Gael Party. We also heard from the Tánaiste, Deputy Joan Burton, and the former Tánaiste, Deputy Eamon Gilmore, along with the former Minister for Justice and Equality, Deputy Alan Shatter, who has fought for equality all his political life. We also saw leadership from Members of the House involved with the LGBT Fine Gael group, including Deputy Jerry Buttimer, as well as Deputies John Lyons and Dominic Hannigan from the Labour Party and others. They played a real leadership role.

I am struck by the fact that people have spoken about courage today. It is easy to forget at this point that courage had to be shown by people, and it took courage to tell the personal stories. We were talking about very personal and intimate details of people's lives, and the courage of parents and grandparents who went out with individuals was really remarkable and had an impact on the campaign and its result. That courage and dedication tells us something very important, the esteem and honour in which our LGBT family, friends and citizens hold the institution of marriage. They were not alone in that, as I have already said, as family, friends and communities supported them in their wishes from all parts of society. It was really remarkable to see the great support in the country, as reflected in the vote.

I repeat what I stated earlier. There is no threat to marriage from people who passionately want to marry and who want to be able to make that lifelong commitment to another person. Marriage is gaining from being open to a new group of people which takes it so seriously.

5 o’clock

I said that from the very beginning and it is absolutely true. What a compliment to marriage that people want to be part of that institution. Just a few years ago people would not have expected the kind of debate we have had here today. Several Deputies have, quite rightly, pointed out that this Bill is not the endgame for equality. LGBT people are still discriminated against by some or suffer social marginalisation or exclusion. Likewise, many other groups are disadvantaged and still cannot play a full part in society. While today is a good day, perhaps we as a society can reflect on how we can mobilise that energy, enthusiasm and passion to address all those other forms of inequality and discrimination which remain to be addressed.

A number of points have been raised on section 37. We are committed to reforming this and my colleague, the Minister of State, Deputy Aodhán Ó Ríordáin, has already done work in the Seanad on reforming section 37 of the Employment Equality Acts. The Equality (Miscellaneous Provisions) Bill 2013, which reforms section 37, has already passed through Seanad Éireann and will now come to the Dáil for discussion.

A number of Deputies raised the question of the HSE and registrars and marriage. This is a matter for the Tánaiste and Minister for Social Protection, together with the HSE, but I will have further discussions on that. We want to ensure there will not be undue delays. That issue will be taken up.

On the particular point Deputy McNamara raised on civil partnership, this was constitutionally permissible specifically because same sex couples could not marry. Our constitutional context has now changed and civil partnership is no longer constitutionally defensible in that context. That is the legal advice I have. As I said earlier, all the advice available to me makes it clear that making a marriage-like relationship available would violate the constitutional pledge to "guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack". That is the advice I have from a constitutional point of view, but no doubt it will continue to be debated, as it has been in other countries. Of course, they are in a different constitutional position to us.

I conclude by saying that marriage equality has become a reality in Ireland through a uniquely democratic process. The Government's decision to hold a referendum on the issue flowed directly from the recommendations of the Convention on the Constitution, which was itself the product of careful deliberations by citizens drawn from all walks of life. The referendum process provided an opportunity for the people of Ireland to discuss the issue, often passionately, before arriving at their decision. On 22 May, voter engagement was shown at its very best and we were all extremely moved, as everybody has said today, by the enthusiasm shown by so many people. The efforts made by people who had never voted before, people who returned from abroad, young and old, to get to polling stations to vote on the issue were illustrated by many Deputies here today. It showed how much this vote mattered to them.

Our parliamentary process today represents the final steps on an intensely democratic journey to marriage equality in this country. On that journey, mindsets have altered and attitudes have changed. We have now chosen as a people to signal to ourselves, as well as to the world, that our LGBT family members and friends form a fundamental part of who we are. We are managing to change as a society while remaining true to what is best in us. That is our commitment to family and to marriage. As a result of the Bill, LGBT couples will now join the many couples throughout this country who pledge themselves to one another in marriage and we wish the very best for those who will get to marry as a result of this Bill. They have waited a long time for that to happen. We will look back, as a number of Deputies have said, years from now and, as Deputy Durkan said, see this referendum as a watershed. This Bill is a key moment in which we, as a society, set ourselves on a journey towards a brighter, more inclusive future in this country and to a country that is more respectful of an increasingly diverse society.

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