Jim Walsh (Fianna Fail)

I move amendment No. 1:

In page 13, subsection (1), lines 16 and 17, to delete all words from and including "Civil" in line 16 down to and including "2010" in line 17 and substitute the following:

"Partnership and Cohabitants (Non marital Relationships) Act 2010".

As stated on Second Stage, we have a number of concerns with regard to this Bill. One aspect in this regard is the fact that the rights it confers more or less mirror those relating to marriage. Many of the amendments we have tabled are designed to ensure there is a clear distinction between civil partnership and marriage. The first of these, amendment No. 1, proposes a change to the Title of the Bill. In the Dáil, the Minister amended the Title so that it now reads "Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009". Amendment No. 1 proposes that the Title should be "Partnership and Cohabitants (Non marital Relationships) Act 2010", which is a tidier formation.

We have not, however, tabled amendment No. 1 in order that the Title to the Bill might be more streamlined. Effectively, we wish to signal that there is a definite distinction with regard to partnership, cohabitation and marriage. That is why the term "non-marital relationships" is included in the amendment. For various reasons outlined on Second Stage, we are of the view that it is imperative this change be reflected throughout the Bill. A number of the later amendments we have tabled do, perhaps, put the case in this regard more clearly. When they are discussed, we may be able to argue further in respect of this matter.

On Second Stage, the Minister and various Senators stated there was all-party agreement on the Bill in the Dáil. While there may have been all-party agreement, it is certain there was not agreement among all Members of the Lower House on the Bill. The reservations I articulated on Second Stage were also reflected within my party. At that point, I read into the record of the House a motion tabled at a meeting of the Fianna Fáil parliamentary party and which was signed by 15 Deputies and 11 Senators. Within Fine Gael, the second largest party in the Houses, a significant number of people were particularly engaged in respect of the conscience clause. I spoke to a number of these individuals. Five or six Deputies from Fine Gael were very much engaged with regard to the conscience aspect and some of them indicated publicly that they wanted changes to be introduced and that they intended to table amendments.

I do not wish to comment, in a pejorative sense, on the business of the Lower House. How it conducts its business is its own affair and how the Seanad conducts its business is our affair. However, when Marriage Equality and the National Women's Council of Ireland applied to appear before what was then the Joint Committee on Justice, Equality, Defence and Women's Rights to outline their views on the Bill, several members of that committee, including me, suggested that we should also seek the opinions of other bodies. On foot of this, a decision was made that submissions would be accepted but that there would be no oral hearings. On the day on which this decision was made, Fine Gael's then spokesperson on justice, Deputy Charles Flanagan, sought clarification to the effect that only members of the select committee would be in a position to table amendments. That removed the option for certain members of his party to put forward amendments. Some of these individuals expressed their personal views on this matter on Report Stage in the Dáil. It is important that this fact be placed on the record.

We had a good debate on Second Stage. That was acknowledged by Senators on both sides of the argument. If I recall correctly, the Minister stated that it was as fine a debate as he has heard in either House during his time as a Member - a period of some 23 or 24 years. Having engaged in such a good debate, it would be a pity if none of the amendments we have tabled, some of which are substantial and others of which are more symbolic in nature, was accepted. Symbolism is none the less important. The message we, as legislators, send to society on this matter, especially in the context of our system of values and the matters within our Constitution that are held to be important, must be clear. It is for that reason we have tabled an amendment to the Title of the Bill.