Micheál Martin (Cork South Central, Fianna Fail)

A case was taken against the German Theatre Pension Institution for refusing to recognise his entitlement to a widow's pension as part of the survivor's benefits provided for under the compulsory occupational pension scheme of which his deceased same-sex partner had been a member. The court in Munich referred the case to the European Court of Justice in 2006 for an interpretation of Council Directive 2000/78/EC, which lays down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. The preamble of the directive states that it is "without prejudice to national laws on marital status and the benefits dependent thereon". The ECJ was asked to decide whether the directive precluded domestic legislation under which after the death of his life partner the surviving partner does not receive a survivor's benefit equivalent to that granted to a surviving spouse.

The court noted that Germany had legislated for same-sex unions and that while marriage was reserved for heterosexual unions, the conditions for same-sex unions in Germany were gradually made equivalent to those applicable to marriage. The court observed that the German regime for same-sex unions was harmonised gradually with that of marriage. In 2004, an amendment made by Germany to its own social security code made it clear that life partnership was to be treated as equivalent to marriage in the statutory old age pension scheme. The ECJ relied on the fact that the German court that referred the case to it was of the view that because of the gradual harmonisation of life partnership and marriage under German domestic law, a life partnership, while not identical to marriage, placed persons of the same sex in Germany in a situation comparable to that of spouses as far as survivor's benefit is concerned. It decided, therefore, that the directive precludes legislation such as that at issue in the case, under which after the death of a life partner the surviving partner does not receive a survivor's benefit equivalent to that granted to a surviving spouse.

This case turned on the provisions of German domestic law and their interpretation by the German courts. The ECJ did not say that Germany or any member state must introduce a scheme of registered life partnership for same-sex persons, nor that Germany, which has introduced such a scheme, must treat registered life partners in a manner equivalent to spouses for pension purposes. The ECJ simply stated that because German law equates spouses and registered life partners for pension purposes, German occupational pension schemes such as the one in question must treat spouses and registered life partners equally. The case is being made that this was interference by the ECJ in telling other countries what to do. That was not the case. The ECJ concluded it would be for the court in Munich to determine, on the facts, whether Maruko was a situation comparable to that of a spouse entitled to survivor's benefit.

I have gone into detail on these issues which were raised by Senators because the Chamber is the place to do so. It is important to deal with them on the record in a comprehensive and clear way. These issues do not take from the fundamental point. We have spent a lot of time over the past 12 months dealing with issues that were legitimately raised during the last campaign. The matter to be decided was ultimately Ireland's vision as a society, our sense of where we want to be in ten years' time and our value system, which we have shared for more than 35 years with the European Union.

We went to our partners in Europe, stated the issues the Irish people raised and asked if they could respond. The 26 other member states have responded in a generous way. There was a general desire across Europe to reform the European Union. The reforms contained in the Lisbon treaty are modest and will make Europe more effective on the world stage and enable it to deal with major issues, such as the global financial crisis, climate change and energy security.

Ireland's financial well-being and banking system is inextricably bound up with our membership of the eurozone. Our membership of it and the role of the European Central Bank have been critical in the underpinning of our financial and banking system. That underlines the importance of working with people, being proactive and being at the heart of Europe.

We should not hold up the reform of Europe. Others have come to us and have responded. Do we want to be on our own and hold back the advancement of Europe? Three major issues have arisen in the past 12 months. I have mentioned one, namely, the economic crisis. Another is the invasion of Georgia by Russia. President Sarkozy's strong leadership on that occasion accelerated the ceasefire and his intervention was important. He intervened as President of the European Union and had the full weight of the Union behind him. That shows the importance of what the Lisbon treaty is endeavouring to do. We saw a snapshot on that occasion of how Europe, as an important force, could make an impact in terms of peace and conflict resolution.

Another major issue, which could surface again, is the supply of gas to Ukraine. A number of smaller states were without energy for a number of weeks and their economies were severely impaired in the middle of winter. It was the European Union, under the Presidency of the Czech Republic, that intervened. It made a difference and helped to broker a resolution. Ireland, as a small country, needs that protection and needs a Europe that is effective and capable to provide for our energy security, because currently 80% to 90% of our energy consists of imported fossil fuels. We will develop, change and have alternative energies, but we want to be part of the European grid system and benefit from the major decisions Europe will take to guarantee future flows of energy supplies into the European Continent in the decades ahead. That is what the Lisbon treaty is really about.

The area of external policy and the appointment of a high representative is very much about having a positive role in world affairs. Senator Bradford made a very interesting point about the 20th anniversary of the fall of the Berlin Wall. I recently read a significant history on post-war Europe, and 37.5 million Europeans died in the Second World War. That is what the European Union is about. It is not about conflict or an arms race. If one looks at what happened in the Balkans and the role Europe plays, it is about values, universal human rights, democracy and conflict resolution. It is about being the largest donor in the world and, between the Commission and the European Union, €48 billion in aid is donated to the developing world.

That is what the European Union is about and, as Minister for Foreign Affairs, I have witnessed it on regular occasions, where Ministers exercise themselves in terms of setting criteria to which we want other countries to adhere. We have witnessed that in a number of locations across the globe and it is the push Europe makes and will continue to make. In essence, that is what the Lisbon treaty is about. I urge the House to pass the Bill and I hope the Irish people will look at the treaty in that context on 2 October. I thank the Senators for their contributions.

Cuireadh an cheist agus faisnéiseadh go rabhthas tar éis glacadh leis.