Jim Walsh (Fianna Fail)

As I did this morning, I compliment Senator Norris on introducing this Bill. It is not often that debate on a Private Members' Bill is extended by 20 or 25 minutes. This morning it looked like we would have no debate at all.

I have reservations about the Bill and I have spoken privately with the Senator in this regard. It raises issues which will need to be teased out over a period of time, and will need to be done in a sensitive way in the interest of the individuals who find themselves in certain situations and also in the interest of society as a whole. To some extent this represents the challenge to the Government and to all of us in the Houses. On the one hand we must cater for the individual while at the same time ensuring that the well being of society is preserved.

I was struck by one of the Minister's comments which puts down a challenge to all of us and particularly to Senator Norris. The Minister said we must decide what we are trying to achieve. In other words, are we focusing on the particular rights of importance to cohabiting couples, or are we looking to give such couples a status equivalent to marriage? That is the real kernel of the issue because a great deal of the emotion of this argument revolves around it.

I wish to discuss an issue that is not directly related to the concerns of same sex couples and heterosexual cohabiting couples. Marriage is not being supported by the State in the way it should be. At the time of the introduction of divorce, which was necessary in many instances, it was promised that support structures would be put in place to help marriages that were in difficulty or breaking down. Since then, I have encountered many instances of people who walked away from marriage subsequently having tremendous regrets when, for example, their second relationships did not work out. Not only are such people affected by marriage breakdown, but their former partners may be bitter and their children may be in an undesirable position. I do not argue that we should force people to stay together, or even attempt to do so, but we should put in place a system that helps them to protect their relationships. We should think long and hard about introducing anything that undermines the position of marriage in society. We should probably avoid such measures.

I accept that same sex couples are affected by certain issues, but I do not think those issues apply to cohabiting heterosexual couples in the same way. The option of marriage is open to the latter group. I do not think we should put in place a parallel marriage system. We do not need two different systems running in tandem. The Law Reform Commission addressed a number of the issues to which I refer, including the issue of property rights. I am aware that changes in the capital acquisitions tax code have facilitated the protection of houses, which is probably the most sensitive aspect of this issue.