Jim Walsh (Fianna Fail)

My views differ significantly to those expressed. When we discuss civil partnerships, it is important that there is no dilution of the status of heterosexual marriages. Unfortunately, there are many pressures in that area, which have consequently given rise to many marital breakdowns. This is not in the interests of society or the State. Any movement in the civil partnership direction will take full cognisance of that issue. My views are reflected in a strong body of opinion. We do not want negative discrimination against anyone, but the literal interpretation of equality often does not reflect the reality. I would like to think that the status of marriage in particular rather than other forms of relationships will always be the subject of positive discrimination.

The Dáil amendment states: "a person who resides with an employee is taken to be in a relationship of domestic dependency with the employee if, in the event of injury or illness, one reasonably relies on the other to make arrangements for the provision of care". I assume that this does not just relate to sexual orientation but also refers to a daughter or son living with parents who may find herself or himself in need of care. Perhaps the Minister of State will clarify that point.

Equally, I wish to echo the point that social and family-centred legislation, which assists people with difficulties in society to strengthen their relationship with those who are near and dear to them, is important. However, as Senator Terry has also recognised, this must always be balanced with the difficulties faced by employers. Recently, I have noted that some employers, particularly small employers, have great difficulty when people take maternity or paternity leave or whatever, and find that the absence of key staff from the organisation has a major impact. This affects both the organisation and everyone working within it. Hence, as the Minister of State has correctly pointed out, much of this legislation is subject to the agreement of the employer. This is essential because it must be recognised that at times, not every organisation is sufficiently large or strong to withstand the absence of key people.