Michael McCarthy (Labour)

This issue arose from correspondence I received. I wish to bring the matter to the attention of the Minister of State because I know he accepted an amendment to this section in the Dáil.

The conditions under which a person may inherit tenancy rights are clear. There is a clear indication that same sex couples are excluded. This continues a pattern of exclusion which was sponsored by the Minister for Social and Family Affairs when the free travel pass scheme was not extended to partners in same sex unions.

A judgment in this regard was made by the European Court of Human Rights in the Karner case. This section is clearly in breach of the European Convention on Human Rights. The issue dealt with in the judgment related to a gentleman called Mr. Karner, who brought the issue to various courts in Austria until the Austrian Government appealed the case to the Supreme Court and it then went to the European Court of Human Rights. The European court held, by six votes to one, that there had been a violation of article 14 of the convention, which prohibits discrimination, taken with article 8, which deals with respect for one's home.

This is a significant issue. It is incumbent on the Minister to take cognisance of the disposition of people in these circumstances and of the European Convention on Human Rights. Are we to breach two important aspects of the convention? We are dealing with fundamental aspects of people's rights. I ask the Minister of State to look favourably at this area.

I know there has been some communication arising from the fact that the issue was dealt with in the Dáil. However, there is an obligation on the Minister of State to conform to the European Convention on Human Rights and to show that the Government legislates for everybody and that equality is not one-sided but is for everybody. This issue relates to the Government's duty to citizens of this republic.