Denis O'Donovan (Fianna Fail)

I have already proposed the amendment to the motion and I will say a few brief words in the time allowed. As the Minister indicated, I chaired the last Oireachtas All-Party Committee on the Constitution and in January 2006 we produced a report known as the Tenth Progress Report: The Family.

For the record it should be noted the Taoiseach wrote to the then Chairman of that committee, now Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, asking him to look at the area of the family, children's rights, etc. As a result of the impending general election in 2002 and ongoing work carried out by the committee at that stage, it fell to me to deal with this matter.

We advertised for submissions because we were very open and transparent in dealing with the matter. More than 16,000 petitions were sent and there were 8,000 submissions, the majority being individuals. There were 103 groups from various parts of the community, from bishops to groups expressing their views on the family. This report deals with many issues.

With regard to the motion before the House, it is important to note the committee came to a decision, although there was not unanimity. There were two dissenters, I believe, but the majority of opinion, being cognisant of senior counsel in the eminent person of Dr. Gerard Hogan and others, was that to change the law to allow for same-sex marriages would first require a constitutional amendment. That was the first hurdle and that view is accepted by the Government.

We also came to the conclusion that there was nothing preventing this or any Government from bringing in legislation that would effect legislative change to allow for civil partnership, as was originally mooted in Senator Norris's Bill which he recently withdrew. In that regard, the committee was very clear that it was quite prepared to make a recommendation which I am grateful to see has been taken on board by the Government. It advocated that legislation be put in place to allow for issues such as succession rights, rights on taxation and inheritance tax in particular, income tax and other matters. This would provide cohabiting couples and same-sex couples with basic rights in taxation, a significant step forward.

In the 1996 census, the figure for gay and lesbian couples was approximately 150, although I am unsure if this was accurate. In 2002 that had risen to approximately 1,350 and the most recent census figures puts it in excess of 2,000. We are seeing a substantial increase on the previous decade in same-sex unions or relationships. I may be incorrect in this private view but I believe less than 20 years ago, couples in a relationship would suffer a stigma and they were afraid, in the privacy of a census, to declare they were in such a relationship. Thankfully that stigma is diminishing and there is more openness in that regard.

In this regard it is very difficult to introduce legislation and I welcome the Minister's commitment that the heads of a Bill are being prepared and the legislation will probably be introduced into the Dáil in the next term. I look forward to it being dealt with in the Seanad. It is important to welcome this because we cannot deal with the motion, as proposed by Senator Norris, without including the many thousands of cohabiting couples, who currently number well over 100,000 in Ireland. They are in a limbo.

I have come across many sad cases in my legal life. Going back ten or 20 years ago there was a famous couple in west Cork to whom Senator Norris has referred, although I will not go into names. These two gay men were at retirement age and had some property. One of the men was diagnosed with Alzheimer's, unfortunately, and his life partner wanted to look after him. Unfortunately, the better of the two had a heart attack and died suddenly, so the other man was deprived of his entitlements and property rights.

Such cases exist and we should bring regularity to them. As a former Chairman of the committee, I hold the view that the provision regarding same-sex marriages, as now seems to be demanded, is a step too far. The bar has been raised by Senator Norris with this motion. Despite the predictions and polls by various papers, the Government must consider whether we should run the risk in this instance of having a referendum to change the playing pitch.

That might be the ultimate Utopian desire of Senator Norris in his proposal but if that referendum were lost, and it probably would be, we would defer the civil partnership legislation, as proposed by the Government and soon to be recommended, for ten or 20 years. In many ways the purpose would be defeated. The method the Government is choosing is sensible, balanced and the European norm. I welcome it and commend the amendment to the House.