David Norris (Independent)

My amendment is somewhat different. It seeks to insert in chapter 3, page 29, section 33, which states that the authority shall not make an adoption order or recognise an inter-country adoption effected outside the State unless the applicants are a married couple who are living together, a new subsection (b) which states that that the applicants are a couple of the same sex, over 21 years of age who can demonstrate that they have been living together within the jurisdiction for not less than two years and who have demonstrated to the appropriate authorities under this legislation that they are fit persons to adopt. I believe this meets the type of criteria indicated by the Minister of State, including a stable and successful relationship. Also, the welfare of the child is seen to be paramount and has been so adjudged by an independent body.

Elements of the amendment tabled by my distinguished colleague, Senator Ivana Bacik, appeal to me. In particular her amendment assumes the marriage of two people, Katherine Zappone and Ann Louise Gilligan, which is the subject of a case before the courts, is valid under the Irish Constitution. It is a case I strongly support. It seems to me to be perfectly clear and could not possibly be clearer going back over 40 years. It is precisely the reason Declan Costello in his 1967 governmental review of the Constitution indicated that he, as a member of Government and a distinguished lawyer, felt it necessary to spell out what had not been spelled out previously, namely, that marriage under the Irish Constitution should mean marriage between a man and a woman. It is obvious that in his opinion it does not mean that. That view was articulated in 1967, some 42 years ago. I am taking as granted that that is the position. In other words, I am waiting for the courts to recognise the constitutional position, namely, that Katherine Zappone and Ann Louise Gilligan are married and that other marriages are valid. It would be extraordinarily insulting on the part of the State of Ireland were we to tell Canada and other countries what should be their arrangements in regard to marriage and whether they are valid. That is my reason for supporting Senator Bacik's excellent amendment.

My amendment commends itself because it is directly in line with the principles of this legislation. It is idiotic to say we accept there are people in same sex relationships, each of whom can individually adopt a child but that the person not involved in the adoption has no relevance whatever in the situation. That is completely idiotic. Senator Bacik was reserved in what she said.