Seanad debates

Wednesday, 27 February 2008

6:00 pm

Photo of Joe O'TooleJoe O'Toole (Independent)

I do not always agree with everything he says and I have taken issue with some of the matters he has tabled tonight but that is not the point because I believe these issues should be discussed. I always think of these debates in terms of how the loyal, perhaps Christian, honest, gay citizen of Ireland hears this debate. Do people feel we are representing that person here? Senator Ó Murchú said this debate should be child-centred and I agree with him. In retrospect, we can agree on one document — the Proclamation of the Republic — whose fourth paragraph refers to cherishing all the children of the nation equally. Those who wrote the Proclamation were not talking about juveniles but about citizens of the State. It was probably the most powerful and fundamental comment ever made in the history of this State, although it has never been allowed into any of our Constitutions. Had it been inserted as a constitutional provision, it would not have been necessary to hold this debate. This is an issue of love, equality, rights and no more than that. Over the years, I have found it so difficult to witness the reluctance with which we share our rights with people who happen to be gay. It is despicable and I have never understood it. I can understand people wishing to protect the institutions of the State and various other institutions and processes by which we live, but I cannot understand the reluctance with which we share our rights in a democracy. It is wrong and I cannot cope with it.

I do not know the difference between civil partnership and civil marriage. I stand for making sure people have equal rights wherever they happen to be. It is as simple and fundamental as that. It is an ethical and moral matter, and may be also a Christian and constitutional matter. It is fundamentally an issue of humanity, which is where it must remain rooted. Senator Frances Fitzgerald referred to the woman from middle Ireland who spoke with absolute articulation on "Prime Time", for the first time ever in the public eye, to say she wanted her deceased daughter's child to be raised legally and properly by her daughter's partner. I cannot see why that should create a difficulty for anybody in an honest and fair society. I am talking about the right of a gay person to sit in the front pew at the funeral mass of a deceased gay partner. That is not unreasonable. I would echo Senator Ó Murchú's point about the right of a person to continue to live in the family home after the death of a gay partner who was the legal owner of the property. Who can argue with these matters and why are we waiting so long to deal with them?

It is easy for people to tell Senator Norris that he has gone too far but have we not learned the phrase "Too little, too late"? If this matter had been dealt with when it was promised and if we had grasped the nettle, we would not be at this stage but it always seems to happen this way. There is a clear understanding that honest and fair commitments were given which do not go beyond what any reasonable person would want. Let us not make a big issue of this, or some sort of deal-breaker in the citizenship we all share. Let us look at this matter in an honest, fair and balanced way. If we root our decision in humanity, fairness and equity it will become very easy indeed. I ask Senators to support the proposal by Senator Norris.

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