Michael McCarthy (Labour)

A report on the judgment of the European Court of Human Rights states:

The Court reiterates its findings stated in various previous judgments that "differences based on sexual orientation require particularly serious reasons by way of justification".

In the Karner case, the justification for the provision made by the Austrian Government was that the aim was to protect the traditional family unit. The government could not convince the court that excluding same-sex partners from the right to succeed in a tenancy would help to achieve this objective. The judgment states:

Accordingly, the Court finds that the Government have not offered convincing and weighty reasons justifying the narrow interpretation of Section 14(3) of the Rent Act that prevent a surviving partner of a couple of the same sex from relying on that provision.

The judgment completely demolishes the argument put forward by conservative forces on this issue down through the years.

I do not believe the Minister of State's present position will change, despite the debate and arguments put forward in favour of our case. How does his position on section 39 reconcile with the EU anti-discrimination directive to be introduced in 2006? This is an important question if we are serious about the implementation of that directive and it has been given a rebuff in this House today. The decision in the early 1990s to decriminalise homosexuality was taken by a Fianna Fáil Minister, Máire Geoghegan-Quinn. It was a progressive and brave step for any politician to take at that stage, requiring amazing courage and fortitude on her part. Ten years later, it is a pity that section 39 of this Bill is so glaringly stark in respect of its exclusion of same-sex couples to succession of tenancy rights. The two do not add up.

I appeal to the Minister of State's better nature to consider the implications of this section in respect of the implementation of the EU anti-discrimination directive. I ask him to reconcile what is happening today with what his colleagues in Government bravely agreed to ten years ago, the decriminalisation of homosexuality and the extension of the debate to include equality and human rights.