Seanad debates

Wednesday, 16 February 2005

Civil Partnership Bill 2004: Second Stage.

 

7:00 pm

Kathleen O'Meara (Labour)

Like other Senators, I thank Senator Norris for introducing the Bill. I also acknowledge the actions of the Leader in listening to and reflecting the views expressed on the Order of Business, particularly on this side, and allowing the debate to proceed and even be extended. I welcome the legislation because it develops a debate recently touched on by a number of key people, including Archbishop Diarmuid Martin, to whom many Senators referred. It opens up a debate on questions such as what is the family and what is marriage.

The Minister's speech is a useful commentary on the legislation. He asked what are the duties, responsibilities, rights, entitlements and so on of marriage. Rights and entitlements arise, as reflected in Senator Norris's Bill, but so do the issues of duties and responsibilities.

The legislation is a landmark in extending social change. The family looks much different now from how it did in the past. However, this does not mean that family units as they are now constituted are any less families than those which adhere to the traditional definition of that entity. A family may not be a nuclear family which consists of mother, father and children but may be made up of a unmarried couples with children, couples in second relationships, gay couples, couples who choose to live together and not have children, or couples who choose to be married and not have children.

I acknowledge the contention of many Members that the family unit is the place in which children are nurtured and become members of society. However, partners who choose not to have children or are unable to do so are no less a family than partners who choose to have one or more children. The family unit is the cornerstone of a well-working society and it is our duty as legislators to support it. We have reached a point, however, where our laws and, if necessary, our Constitution must reflect a changing view of the concept of family and must support actual families. I include long-term same-sex relationships in this context.

The question of legal protection for the rights of cohabiting couples is important. With social change has come an acceptance that partners of the same sex have rights and should be accepted in their choice of living together. I know a couple well who have lived together for a number of years and have accumulated much property. Questions arise for couples such as this in regard to issues such as pensions and inheritance. The Minister will agree these couples have a right to be protected under the law.

However, in providing such protection, I agree with what the Minister said regarding the importance of considering the other elements we may create in law through such changes. I welcome this debate, which is part of what this House is about. Tonight's debate will contribute to the broader debate that must take place on this issue before any legislative change takes place.

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