Seanad debates

Wednesday, 7 July 2010

Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Second Stage

 

3:00 pm

Photo of Dominic HanniganDominic Hannigan (Labour)

I welcome the Minister. I know of many people of my generation and older who never thought this day would come because until the mid-1990s when we saw the legalisation of homosexuality in Ireland, there were many citizens living in the shadow lands of Irish life. Today they will feel proud of their Parliament and country in introducing this Bill. As Senator Bacik said, we would like to see it go further, in dealing with the needs of children in particular, but we will support its passage, with the intention of reviewing it when we next enter government. We view this Bill as a stepping stone on the way to full equality for gay citizens. Same sex couples are becoming more common in Ireland. The 1996 census recorded only 150 same sex couples but this figure rose to 1,500 in 2002 and 2,000 in 2006.

However, the law has not kept up with the pace of change and these relationships have no legal recognition at present. We have been happy to lead the world in other areas such as the plastic bag levy but, as Senator Boyle has noted, we have been slower to move in the areas related to sex. This can be seen in our laws on contraception, divorce and homosexuality. The ban on homosexuality was only removed 17 years ago thanks to Senator Norris and others. On most matters pertaining to sexual relationships this country has been relatively slow in making progress. Spain, Belgium, Norway, the Netherlands and Sweden have passed legislation to allow gay marriage. Four out of five of these introduced civil unions initially and then progressed to full civil marriage after a number of years. Denmark, Finland, Germany, the UK and Slovenia have passed civil partnership laws. At this stage, therefore, almost half of our European neighbours have passed laws allowing civil partnership at least.

My party introduced our own civil unions Bill to offer same sex couples the greatest measure of equality possible under our Constitution. It would have afforded same sex couples access to a relationship which is similar to marriage in every practical way, including the right to adopt a child. As I accept that the Labour Party Bill will not proceed while we remain in Opposition, I welcome the Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009. It addresses issues relating to inheritance rights, power of attorney and next of kin. I note the Minister has stated that he will deal with other matters such as tax and social welfare issues in future Finance Bills. I accept the Government's commitment on this but I will be watching closely to ensure it delivers. I am disappointed, however, that the Bill does not address the issue of children. We will be tabling amendments on Committee Stage with a view to improving the legislation. I hope the Minister will accept at least some of these amendments but, if not, it is our intention to update the legislation to give effect to these amendments when we next enter Government.

I recognise there is still an element of opposition to any legislation in this area. It is clear from walking through the gates of Leinster House today and reading some of the e-mails that my colleagues and I have received, that a number of people are uncomfortable with this legislation. Many of these are good, fair minded people and I recognise that their concerns are heartfelt. Some are uncomfortable because they find the whole issue of homosexuality objectionable, based on their own moral or religious standpoints. However, they also accept that Ireland grants certain rights to its citizens. It has to be said to those concerned citizens that while this legislation may be unpalatable to them they should consider it as a price worth paying for the protection and continuance of their own rights and privileges.

Others are uncomfortable because they see this as in some way undermining the institution of the family. I ask these people to think again about their concerns because, on the contrary, it strengthens that institution. It will allow many couples who are currently unable to make a public record of their relationship to show their love, support and commitment to one another.

There have been calls for a freedom of conscience clause. My view is that a public servant is tasked with implementing the law of the land. It is no different if a registrar is asked to preside over an interracial or interdenominational union.

There is strong evidence to suggest that civil partnerships benefit society. A regulatory impact assessment in the UK prior to the introduction of legislation there suggested that such partnerships will help the economy because it can be expected that civil partners will share their resources and support each other financially, thereby reducing the demand for support from the State. A study in Denmark found that the introduction of civil partnerships led to significant benefits to society, including a reduction in the suicide rate.

As someone who keeps an ear to the ground and speaks to people on their doorsteps on a regular basis, I am convinced that the vast majority of Irish citizens have a live-and-let-live attitude to this issue. I do not believe they have any interest in denying same-sex couples the right to take care of a sick loved one, inherit the family home or commit to each other for better or for worse. Legislating for same sex couples is the right thing to do and it will bring us into line with our neighbours. It will not lead to the end of civilisation. It will bring benefits to society and, most importantly, it will provide security and fairness to a small section of our society who are currently not protected by law. I will be voting to support this Bill.

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