Paul Coghlan (Fine Gael)

——and the Law Reform Commission's proposals. I have had my eyes opened in this debate, like so many others and not least by the Minister. I concur with the tributes to the Minister. We have seen further tangible expression tonight and further proof of the able guardian and protector of the Constitution that he is and the fine legal brain he possesses. I was thrilled and delighted that despite the acrimony which existed in the House this morning that agreement was reached. I had a chat with Senator Norris and with the Leader of the House. I had my own simple formula but that may not have been what was used. In any event, we are all glad this debate has taken place and that there will not be a vote. I accept the need for a consideration of all the important legal and constitutional issues.

I note the Oireachtas All-Party Committee on the Constitution and the case currently before the courts. As the Minister pointed out, there is a difference between the legal advice to him and the legal advice on which the Law Reform Commission has been working. We all accept, and I am sure Senator Norris equally accepts, the provisions of Article 41 of the Constitution which describes the family as based on marriage. That is the basic, fundamental unit of society to which we all pay homage and salute. A difficulty with section 6 of the Bill has been noted. No one would do anything to infringe the constitutional protection provided for the marriage unit. On the possible discriminatory nature of section 3 of the Bill, I believe work will be done to remove that provision. I was delighted to hear the Minister state there are no great philosophical differences on this matter. All Senators need to be commended for not dividing the House.

We welcome the fact that ArchbishopDiarmuid Martin has given approval to giving legal rights to couples, including homosexuals, to live in relationships other than marriage. The Taoiseach stated that extending rights to gay couples in the areas of tax and inheritance was the "fairest" and "Christian way" to deal with the issue. Dr. Martin recognised that:

....there are many different kinds of caring relationships and these often create dependencies for those involved. The State may feel in justice that the rights of people in these relationships need to be protected.

The Minister has made a similar statement and there are no differences between the two sides of the House on the issue. While the Archbishop stated he was referring primarily to caring, dependent relationships in general, as opposed to homosexual relationships, at the same time, he indicated that he did not exclude homosexual relationships. He stated he had a wide range of relationships in mind and while he did not exclude gay relationships, his main concern was "with all caring relationships where dependencies have come into being". I share the Minister's concern about Kerry farmers because it would be a hell of a job if they had to split the pollachán. They would need some of the Minister's senior counsel colleagues.

It is great that everybody accepts the need to redress these matters and that Irish law already takes into account certain issues regarding non-marital relationships. It is good that the Minister placed on record that the Government is unequivocally in favour of treating gay people as fully equal citizens.

The Minister flattened poor Senator Ross in his absence.