Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I wish to share time with Deputy Denise Mitchell. I welcome the families, some of whom are in the Gallery and more of whom will be watching the proceedings this evening. It is a great evening for them and there is much to be celebrated.

The Children and Family Relationships Act 2015 was signed into law three years ago. That was definitely a monumental year for the LGBTQ community in this State. The passing of the marriage equality referendum and the Act represented great change for this State. The significance of that year pointed definitively to a brighter and more inclusive future for those in the LGBTI community. Most important, it produced some tangible results for them.

There were definitive results and there was a sense of achievement. However, in the case of the Children and Family Relationships Act the achievement only appeared to be real. Unfortunately, the reality of that Act has yet to be fulfilled and much of what was promised has not been delivered for those in the LGBTI community and same-sex couples. It is incredibly unfortunate that this is the case and that we have to ask why it has taken three years to bring forward even the most limited legislation to implement the relevant parts of that Act on behalf of those affected. Since I was elected to the House I have called for legislation to fully implement the Act time and again. Many other Deputies have done likewise.

There are same-sex families and couples who will definitely benefit from this legislation. Today is no doubt a significant day for them. With this in mind I commend the Minister and the Department on bringing forward this legislation. I hope this legislation delivers for them and gives them and their children the provisions and protections they need.

While the families affected are families in our eyes and in their eyes, this legislation ensures that the State recognises them as families and gives them the opportunity to register the births of the children with both parents registered on all relevant documentation. The real-life legal protections that this offers and the associated implications cannot be understated for these families. Moreover, we cannot downplay the positive personal effect of the State recognising both parents on a child's documents.

I have some experience of this, dating from when I tried to get a passport for my daughter, who was born before my husband and I were married.

It was many years ago and much has changed in this State since then. I found it incredibly difficult to find a garda who would stamp the form because my husband and I were not then married. I knew who my child's father was but it was difficult. It felt disrespectful to my family that we did not fit in and were treated like a square peg in a round hole. That is well over 20 years ago and I am happy that circumstances have changed. However, I have received extensive correspondence from same-sex couples. All they seek is what I sought then, namely recognition for our little family unit, however it is constituted. I can understand their concerns and the fact that what is on that piece of paper is important. Although people tell them that they know they are a family, having that piece of paper is important.

The LGBTI community have fought hard for this legislation. They should not have had to fight for it; it should have been forthcoming from the State. At the recent Pride parade, I saw an interesting banner that said, "You only gave us rights because we gave you riots". There is some truth in that. People have had to fight hard for basic recognition. That was wrong but it is good that we have begun the process of putting that right.

Members of the LGBTI community continue to fight for their rights. With that in mind, I cannot let the opportunity pass without commenting on some of the disappointing aspects of this Bill and what it fails to do. The State has a long history of failing the LGBTI community and even with the progressive and positive moves in recent times, that cannot be forgotten. It is concerning that the State is leaving a number of same-sex couples behind and that this legislation will not cover them. Male same-sex couples will be left behind and will not be covered by this legislation as will some female same-sex couples who did not choose home insemination or others who chose fertility treatments abroad and for those who chose to go the route of surrogacy, particularly in the case of male same-sex relationships.

I cannot overstate the concern and disappointment of the many families who have contacted me because they believe this legislation will not help their situation. These families are tired of having to constantly fight for their rights and they want a normal life. Like any family, they want to register the births of their children with both parents on the documentation.

The Minister and the Government will bring forward two different Bills to address the outstanding issues relating to the Child and Family Relationships Act. They need to speak to the stakeholders, listen to their concerns and they must be guided by what they tell them. Some of the sections of the Child and Family Relationships Act that have not been implemented need the implementation of the assisted human reproduction Bill 2017 to become law. I urge that this Bill come back before the health committee for another round of pre-legislative scrutiny as soon as possible.

I am happy that this legislation covers some same-sex couples but we have a job to do to ensure that the message of inclusivity that we are trying to send out is made a reality for the families who so desperately need it.

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