Déirdre de Búrca (Green Party)

I welcome the Minister to the House. I also welcome this opportunity to speak on this Private Members' motion tabled by the Independent Senators not only because this issue deserves a good airing and debate but for the purposes of clarification.

The Green Party supports the principle of equality through giving legal recognition to same sex unions. Our party's policy is that same sex couples should be allowed to enjoy the full rights and responsibilities of marriage. The previous Government had proposed awaiting the outcome of the Supreme Court decision in the Zappone case, but as part of the Green Party's negotiations on the formation of the Government with Fianna Fáil, it was agreed that legislation should be introduced as quickly as possible.

Our party has been actively pursuing equality legislation for same sex couples. In 2006, the Green Party passed a marriage and partnerships rights policy. This policy stated our belief that full access to civil marriage for same sex couples was the only way to achieve full equality. This continues to be the Green Party policy. Full equality will be achieved only when same sex couples are allowed civil marriage.

In early 2007 we supported the Labour Party's Civil Unions Bill. During the debate on it our spokesperson, Deputy Cuffe, made the point that while we were supportive of the Bill, we did not see the Labour Party proposals on civil unions going far enough and we supported full access to same sex marriage. After the general election we entered negotiations with Fianna Fáil. Our team, led by the then Deputy Gormley, requested that the programme for Government include a commitment to legislating for same sex marriage. However, we could not bring about this alone without the support of all Government parties. We, as a party, had to decide how to proceed. We decided that as both the main political parties, Fianna Fáil and Fine Gael, oppose full civil marriage for same sex couples, and as the Zappone case had been rejected in the Supreme Court, the best way to proceed was to achieve some protection for same sex couples currently in relationships in this five-year period of Government, while continuing to push for full access to civil marriage for same sex couples in the future. In light of this, the programme for Government includes a commitment to legislate for civil partnerships. It states, "Taking account of the Options Paper prepared by the Colley Group and the pending Supreme Court Case, we will legislate for Civil Partnerships at the earliest possible date in the lifetime of the Government." Like Katherine Zappone and Ann Louise Gilligan, the Green Party believes that true equality will come only when same sex couples are given full access to civil marriage. We accept that the Bill being proposed by the Government will not do this. However, given that neither of the main parties is prepared to accept civil marriage at this stage, we believe the civil partnerships this Bill will introduce will allow for protection of important aspects of same sex relationships while we continue to fight for complete equality.

As part of the programme for Government, the Green Party will deliver legislation on civil partnerships which will allow same sex couples to enter into a legal union, with rights and obligations recognised by the State. The heads of the Bill giving effect to this is to be published next month. it is a move in the right direction to take the first legal steps to allow for legal recognition of partnerships that were previously ignored by official Ireland. The former Minister, Máire Geoghegan-Quinn, started the process by decriminalising homosexuality in 1994 and now we are talking about legal recognition of same sex partners.

The new Bill extends to cohabiting gay couples, who register their relationship with a new agency, some of the same rights under the law as heterosexual couples. The Government approved the drafting of a report of a scheme of a civil partnerships Bill in October 2007 and the draft scheme is based on the Colley option paper and the recommendations of the Law Reform Commission in its report on the rights and duties of cohabitants. The scheme aims to establish a statutory mechanism for the registration of same sex partnerships to set out duties and responsibilities of registered partners and the consequences of a separation or termination of such partnerships. It also provides a legal safety net and protection to a dependent party at the end of a relationship or through bereavement by establishing a scheme of redress for unregistered or unmarried cohabitants.

The Green Party considers this a significant further step in equality, but we will push for more rights and protections in the family law area in respect of same sex couples. However, as my colleague, Deputy Cuffe, pointed out last October, there is a difference between proposing while in opposition and enacting while in government. There is a range of legal, taxation, social welfare and pension issues that must be fully thought out and delivered in this Bill if it is to protect the rights of those in same sex partnerships. This legislation must stand up to scrutiny in the Irish courts and respect international best practice in this field of law. It must ensure the rights of those in same sex relationships are protected. It must cover all taxation, social welfare and pension rights issues and protect and deliver on issues such as succession, shared home ownership and power of attorney when partners are ill.

The Green Party has been in consultation with our Government partners, in particular the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, to push for those and other measures. We favour the application of full marriage rights — as accorded to heterosexual married couples under the Constitution — to same sex couples. We believe, however, that in the interim it is most important in our discussions with our Government partners to secure protection for those already in existing relationships while at the same time continuing to press for full civil marriage rights.

The Green Party supports civil marriage for same sex couples, as it offers more protections and rights, particularly in regard to the protection of the family units of same sex partnerships. However, we believe, with the civil partnership Bill being proposed, the first legal steps are being taken to accord legal recognition to thousands of people previously ignored by official Ireland.