Feargal Quinn (Independent)

I thank Senator Harris for sharing time. I grew up in an Ireland very different from the Ireland of today. In my youth there was no divorce, or so we thought. It was hidden. In my youth there was no child born out of wedlock, or so we thought, because that was hidden. In my youth there was no suicide, or so we thought, because that too was hidden. In my youth there was no homosexuality, or so we thought, because that was hidden. There was no loneliness, or so we thought. I was elected to the Seanad 17 years ago. Things had changed. We found ourselves passing laws on those very items of divorce, contraceptives and suicide. As we passed those laws I hope we relieved some of that loneliness. Today, we hope to enact legislation to remove some of the loneliness of those who have been deprived of the ability to have a civil partnership, and that is another very welcome step.

However, I believe the Bill can be improved and I hope it will be on Committee Stage. The Constitution allows us to pass laws that discriminate between different sectors of our citizens. For instance, we can give different benefits to people in the west from those given to people in the east. We can give different pensions to the blind from those we give to the deaf. In only one area does the Constitution debar us from discrimination. Article 44 forbids discrimination on the grounds of religion. Even in Article 44, while the word "discriminate" is used in the English text, the Irish version uses the words "idirdhealú a dhéanamh idir", which means to differentiate between but not discriminate against. However, the Bill discriminates against couples who live together but not as sexual partners. They could be brothers, sisters, relatives or a carer and patient. The benefits of civil partnership are not allowed unless the two people are homosexual. This Bill should not do that. It should be amended to ensure it overcomes that problem.

The other point that needs attention is those whose religious beliefs restrain them from being a participant in a homosexual civil partnership ceremony. We have talked about this a lot today. By refusing to be a participant, they are open to criminal proceedings. I believe this is wrong. The penalty is not simply a fine or civil proceedings but criminal proceedings. That is wrong and should be corrected. I support the Bill but only if we can solve those problems.

Senator Fiona O'Malley referred to the Minister's compassion. He should show that compassion to those who feel they are unfairly dealt with in this legislation. The Minister can do that in the next few hours and I urge him to do so.