Eugene Regan (Fine Gael)

I support these amendments. They are carefully crafted and fill the lacuna in the legislation. The Bill, as drafted, assumes there are no children of same-sex relationships. On whether the issue is dealt with in this Bill or another, the Minister has not been clear as to his intentions in this regard and I raised this question on Report Stage. For example, amendment No. 64 simply provides for the court to have regard to the fact that when a partnership is dissolved, provisions that the court considers proper, having regard to the circumstances which exist, will be made for any dependent child or children of the civil partners. It is very light, sensible and appropriate.

I referred on Report Stage to the judgment of Miss Justice Elizabeth Dunne in the Zappone and Gilligan case. She stated that undoubtedly people in the position of the plaintiff, be they same-sex or heterosexual couples, can suffer great difficulty or hardship in the event of the death or serious illness of the death of his or her partner and that it is hoped that the legislative changes to ameliorate these difficulties will not be long in coming. She went on to say that ultimately it is for the Legislature to determine the extent to which such changes should be made.

I also referred to the judgment of Mr. Justice Hedigan in which he speaks about the de facto family. He stated that it seemed to him that the State had a strong interest in the recognition, maintenance and protection of all de facto families which exist since they are inherently supportive units, albeit unrecognised by the Constitution. In terms of children not following through, there is a lacuna. The general principle of recognising the relationships of same-sex couples and cohabitants confers dignity on them by acknowledging their worth and, as Mr. Justice Hedigan stated, the strong interest in maintaining and protecting all de facto families. For too long that has been denied.

I support the amendments, although I do not expect the Minister to accept them because he has set his face against all of the amendments. I hope, however, that he will indicate whether he intends to address the issues raised by revising the Guardianship of Infants Act or other legislation.