Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I welcome the opportunity to speak on this important legislation. However, I do not think it is helpful that we have to take all Stages of the legislation within three hours. It is very important legislation and while we welcome it, as legislators, we should be given an opportunity to consider it, table amendments and have them discussed in due course, and then reflect on the Second Stage debate with other affected members of the community who may have contributions to make to us in light of the debate that took place in the House. As they say, however, we are where we are.

I welcome the fact this legislation is coming in to provide for parental leave and benefit, which are both to be welcomed and both long overdue. However, it has to be pointed out that there is a significant problem with this legislation in that it contains something much more than what the Minister of State describes as an anomaly. It contains a discrimination against same-sex male couples who are married, and I believe we need to point that out. It is a matter of concern to me that this legislation will go through the House with that piece of discrimination contained within it.

I know the Minister of State is anxious to get this legislation enacted and I note what he says about bringing forward further legislation in November. However, I want to remind the Minister of State, who I know is well-intentioned in these matters, of what the Government said when the scheme of this Bill was publicised for the first time last April. It was stated that time by the Government that the Bill proposed to take "the final steps needed to enable male same-sex couples to receive adoptive leave and benefit. This is further progress towards ensuring equality for all families". We were given that commitment by the Government and also a specific commitment by the Minister, Deputy Zappone, and the Minister, Deputy Doherty, but, alas, it is not within this legislation.

We need to point that the legislation, as it stands, constitutes a form of discrimination against same-sex males who are in a relationship. In that respect, they are treated differently from same-sex females who are in a marital relationship, so it is a form of gender discrimination against same-sex male couples. Similarly, it is discriminatory because a straight man who is adopting would not find himself in the same position as gay men will find themselves in respect of seeking parent's benefit and leave, and so, in that regard, it is a form of sexual orientation-based discrimination.

I do not think we can just brush this over by saying we will deal with it in due course. It is highly regrettable, considering the steps this country has made in terms of equality for people who are gay in the past five to ten years, that we are introducing legislation that blocks out a section of them. We should not try to gloss over this. It is a concern to me and I know it is a concern to my colleagues in Fianna Fáil.

Nonetheless, we will support this legislation. We had tabled amendments to deal with removing the discrimination against same-sex males. Unfortunately, and there is no criticism of the Chair, they have been ruled out of order because it is contended they are charge on the Exchequer. We are now left in a situation where we had tabled amendments but they have been ruled out of order and we cannot progress them. At the same time, we have this useful legislation that we want to see enacted but it contains this discriminatory provision. Nonetheless, we are going to support it while holding the Minister of State and the Government to account in order that they will bring forward the important legislation to remove this discrimination by November. That has to be expedited.

I have a lot of regard for the Minister of State, Deputy Stanton, but my concern is that he is only at times in the driving seat of this Government. When he is, things can get done but when he is not, other people let things drift to the back burner, and I am concerned this would be put on the back burner.

In general, it has to be recognised that parents, irrespective of their gender or sexual orientation, need to spend more time with their children. It is invaluable for a child to have the benefit of spending time with their parents when they are at a very young age. The purpose of this legislation is to provide parental leave for parents when their children are under the age of one. At present, the legislation provides for a period of two weeks parental leave and the payment of a parent's benefit.

It also provides that this can be increased to up to nine weeks. We need to get away from the perception that life is all about work. We need to recognise that parental responsibility does not rest, as it did traditionally, solely with the mother who brings up the children. Irish families have become more complex and different over the years. What is absolutely fundamental is that the parents of a child need to spend more time with that child because all the surveys and all the research indicate that the more time parents can spend with a child, the greater the benefit to the child.

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