Seanad debates

Wednesday, 27 February 2008

6:00 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Fine Gael)

I am pleased to have the opportunity to contribute to this debate. One of the most courageous political acts I have witnessed in this House was when the then Minister, Máire Geoghegan-Quinn, introduced her Bill. It was not a very popular Bill with Fianna Fáil at the time but she went ahead and introduced it. One of the events that motivated her to introduce it was a meeting she had with the parents of young gay people. She was very moved by their experiences and the trauma and life experiences which their children had been through because of the situation as it existed at the time. I hope the current Minister for Justice, Equality and Law Reform will do what he says he will do, which is to introduce civil partnership legislation. I hope Senator Hannigan is mistaken when he says he does not believe it will happen. I hope he is proved wrong on this occasion and that the Minister will introduce the legislation and will have the courage to do so.

I am pleased to have the opportunity to contribute to this debate yet disappointed this debate is so necessary owing to the continued legal and social discrimination of same-sex couples in this country. I commend both Senator David Norris and Senator Ivana Bacik on bringing this issue to the fore and providing the opportunity to have this debate by using their Private Members' time to debate and discuss this important social issue.

Some very interesting contributions have been made from all sides of the House. Senator Mullen said we must serve justice and this is true. I will explain how I believe justice can be served in this context. I also wish to commend my party colleague, the former Senator, Sheila Terry, for her work as our party's equality spokesperson in the previous Seanad during which time she produced a comprehensive and progressive policy paper on civil partnership. Fine Gael was the first political party to produce such a paper.

It should be noted that in the general election manifestos last year, all political parties gave a commitment to support legal recognition of same-sex couples. The Oireachtas introduced legislation ten years ago in the form of the Employment Equality Act which afforded legal protection for gay and lesbian people in employment. As a nation and in the intervening period, however, we have failed to act to advance the rights of gay and lesbian people in terms of property rights, succession rights, pension, tax, social welfare, inheritance rights and next-of-kin status. The legal framework continues to discriminate against people involved in same-sex relationships. It discriminates in a way which is unacceptable and repulsive in the modern, progressive society to which we aspire and in which we claim to live and work.

If one were to see two babies lying side by side in neighbouring cradles in any maternity hospital in the country today, would one really have the heart to look at one baby and say it can grow up, its behaviour will be viewed as the norm, its interests in developing a romantic relationship will be encouraged by society and seen as the done thing, and whenever it enters into a serious relationship, the State will recognise its love and provide a legitimacy to its relationship, and say to the other that it will grow up in a society where it will be viewed with distaste by the State, its relationship with another individual will never be recognised and, by implication, will be almost frowned upon, its love for its partner will always be viewed as illegitimate and the State will afford it no recognition? This is the current situation. It is a mixture of prejudice and misconception which has created a situation where from the moment of birth, a child is destined effectively to be ignored for life by this State because of his or her sexuality, something which is outside his or her control.

Many homophobic attitudes still remain in this country and they often emerge during a debate such as this. To some degree this is a generational issue but not entirely. I refer to the serious national phenomenon of homophobic bullying in schools. We all have heard the stories and the problem is very common. The phenomenon of male suicide is affected by the homophobia that continues to be present in society. Many men, surprisingly young, still feel so ignored, discriminated against and afraid to speak about their sexuality that they become very depressed and, unfortunately, take their own lives. This is a frequent occurrence. It is beginning to be spoken about and to be identified in the research in this area. Huge pain is caused in society by the prejudicial attitudes which still remain. This House has work to do. We can lead the way in many ways and improve the quality of life and the human rights of our citizens.

I thank the Gay and Lesbian Equality Network, GLEN, for the comprehensive briefing it provided to Oireachtas Members today. It was most helpful in moving the debate forward and in enabling the House to conduct the debate based on fact rather than on myth. More information is required. GLEN provided information on a question raised by Senator Norris about children with same-sex parents. More research is required in this area so that we can understand the issues.

When I read the information supplied by GLEN, I came across a real-life story which may help to personalise and understand the very human side to the current discriminatory legislative situation. With the indulgence of the House I wish to quote from the information. Many Members may have seen this case highlighted on the recent "Prime Time" programme and will have seen Mrs. Margaret Gill speak about her family experience. Senator Mullen said it was invidious to talk about individual cases but nothing better illustrates the reality of life than such individual cases, whether that be cystic fibrosis or mental health. The individual cases bring home to us the reality of people's lives.

Barbara and Ruth were in a committed relationship for 12 years and lived in Kilkenny. Like many couples they decided to have a family together. Ruth became pregnant and the couple made the decision that she would stay at home to raise their child. Stephen was born in February 2007. Knowing that their family had no standing in law, they moved quickly to have their wills changed to reflect their new family status. Tragically, before they were able to sign the wills, Barbara was killed when she was struck by a truck while cycling to work. Stephen was just eight weeks old. Barbara's existing will named her parents as sole beneficiaries. However, her parents want to honour Barbara's wishes and give the proceeds of her estate to Ruth and Stephen whom they recognise as their grandchild. In gifting the estate to Ruth, large amounts of tax will have to be paid to the State. This is the issue of non-recognition which Mrs. Margaret Gill spoke very movingly about on "Prime Time".

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