Seanad debates

Wednesday, 5 May 2004

6:00 pm

Photo of Martin ManserghMartin Mansergh (Fianna Fail)

I welcome the Minister of State, Deputy Parlon, and his officials. I also welcome the motion tabled by the Independent Senators on which there has already been an extremely worthwhile debate.

It is far better in this type of area to proceed by means of debate, clarification and consensus. Like most Members, I recall that 20 years ago this type of debate could have been quite divisive with one side wanting to force through so-called enlightened measures against the traditional view. However, since the late 1980s we have worked, to a large extent, together. I refer, for example, to the judicial separation legislation on which Fianna Fáil and Fine Gael worked together. In addition, there was the legislation on illegitimacy. In the early 1990s, Fianna Fáil and Labour worked together on homosexual reform. In the mid-1990s, the then Leader of the Opposition, now the Taoiseach, Deputy Bertie Ahern, played an important role in securing agreement on the way in which the divorce referendum could be passed.

Nothing any of us wishes to say should be taken as a detraction from the important and vital roles of marriage and the family, which are recognised in the Constitution and are particularly valuable social institutions. Equally, everyone recognises that the pattern of relationships has changed. We are not starting from scratch in this regard. As the Minister pointed out, we have already made progress in narrowing a gulf that once existed between marriage and the family, on one hand, and any other sort of relationship, on the other. While there is a great deal of detail to be dealt with, most of us support that progress on humane grounds.

I am contributing to this debate because I want to introduce a concept to it. I have in my possession a paper by the Law Reform Commission which refers to cohabitees. Senator Brian Hayes, the Leader of the Opposition, used the phrase "civil partnership". I wish to introduce a third phrase, "companionship", which reflects that about which we are talking, namely, loving relationships. The vital point — which was made by the Minister and Senator Brian Hayes — is that we should not be referring to relationships that are defined by sexuality, be it heterosexuality or homosexuality.

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