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

This is a particularly historic day in this Chamber. I will look back, very briefly, if I may. I was very privileged, as Minister for Justice and Equality, to bring to Cabinet the proposal that we hold a referendum to provide for marriage equality. It was an outstanding outcome to that referendum that such a large majority in this State supported change. This is the next historical event, following on from that referendum, with this legislation being passed by this Dáil. The Bill has yet to go through the Seanad but I hope that the desire we all have for this to pass speedily through the Seanad will not prevent the Minister from looking at and addressing in the Seanad the issues discussed today because bringing the Bill back to the Dáil would delay its enactment by no more than a few days. It is very important we get it right and I urge the Minister to look again at the issue of those who enter into civil partnerships abroad after this legislation becomes effective and attach to those civil partnerships the same status that we will continue to attach to civil partnerships that have been celebrated by couples in this State before the legislation has become operative.

A myriad of difficulties could arise if we were not to do that, but I will not go into them today.

We should celebrate the fact that this legislation has been enacted through the House. It is a major step towards putting flesh on the bones of the decision made in the referendum in that it enables same-sex couples to have the same recognition extended to their loving relationships that those of us who are heterosexual have had the benefit of for so long. Constitutionally we are all equal, and we are all now seen to be equal. There was never any reason for individuals to be discriminated against because of their sexual orientation.

There remains one issue that must be addressed and that has yet to come before this Chamber. Crucial change is needed to section 37 of the Employment Equality Act in order that individuals are not discriminated against and do not fear discrimination against them in their employment due to their sexual orientation or the simple fact that they may now avail of the right they have, as a same sex couple, to enter into a same-sex marriage. In April 2014, when I was Minister for Justice and Equality, a report on this issue was provided to my Department. I had asked the Irish Human Rights and Equality Commission to look at how we could better balance the provisions in the Employment Equality Act. As I understand it, the Government is proceeding to address the issue. It is important that it be addressed during the lifetime of this Dáil. I am concerned that it not be postponed until a later occasion. I am also concerned, in the context of the employment of certain people such as teachers working in denominationally based schools, that they may fear availing of the freedom extended to them by being entitled to enter into a same-sex marriage and may be concerned as to the consequences with regard to their employment or promotional opportunities if we do not amend section 37 of the Employment Equality Act. I hope the necessary measure will come before the House and will be enacted in the form recommended for change before the House sees an end to its life because of the calling of a general election. I do not have any insight into whether we will see an election on this side or the far side of Christmas. However, there is no particular reason the amendment could not be enacted before we reach the Christmas vacation.

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