Ivana Bacik (Independent)

I begin by welcoming the Minister of State to the House, as others have, and the Bill, which as the Minister of State has mentioned is a single-issue Bill. It was prepared under the last Government and supported by both sides of the House. I also declare my interests in the issues we are discussing as I am junior counsel in the case being taken by my dear friend and colleague, Senator Zappone, and her wife Ann Louise Gilligan. I pay tribute to Senator Zappone and her partner for their immense bravery in taking the case, which has been ground-breaking in seeking recognition of same-sex marriage.

My comments in welcoming this Bill are tempered by my view and that of the Labour Party that neither the Bill nor the Civil Partnership Act provide for full equality. The Bill will bring about a separate regime, with similar and in some cases equivalent rights and obligations as married couples for civil partners, but it does not amount to the same thing. On Second Stage with the Civil Partnership Bill I welcomed the legislation, which the Labour Party supported, but I made the point that the difference between civil partnership and marriage matters. There is a symbolic legal reason as civil partnerships are not the same as marriage in law and are seen as a different entity or institution. There is also a difference in practice, and Senator Zappone has very usefully described to us some of the differences which have a practical impact.

The key difference in the Civil Partnership Act, reflected in the amendments in this Finance Bill, is the absence of recognition of rights and responsibilities vis À vis the children of gay couples. There was a great deal of debate in the Seanad and among the wider public when the Civil Partnership Bill was passing through both Houses. It is very regrettable that there is not more provision for children of civil partners. I hope this Government will pass follow-on legislation. The Minister of State indicated that this is a necessary addition to the civil partnership legislation. I hope we will see more to deal with children of civil partners and the rights and responsibilities between children and civil partners.

I do not want my remarks to take away from the positive impact of the Bill. Others have alluded to the ceremonies which have taken place here, where people have entered civil partnerships since April. Like Senator Zappone I have attended some of these and they are wonderful celebratory occasions. I am sure all of us would like to congratulate those people who have taken the plunge and entered civil partnerships in accordance with the Act. We all welcome the point made by the Minister of State that this Bill, when passed, will apply to those already registered to have entered civil partnerships. They will be considered for tax treatment from the date of registration of civil partnership rather than the enactment of the Bill. It is an important protection which should be made clear to people.

Senator O'Brien asked a question of the Minister of State about those who entered marriages or civil partnerships abroad and if they would be recognised under the Bill. Under the Civil Partnership Act provisions, it is made clear that those who entered same-sex marriage or civil partnership abroad would be recognised as civil partners here. Many of us viewed that as unsatisfactory in that people who have entered marriage in one of the many countries where same-sex marriage is recognised would have their marriage downgraded, effectively, to a civil partnership under Irish law. I hope we can return to that issue in future legislation.

I intend these remarks to be constructive and do not want them to detract from the overall impact of this Bill, which will have a very important practical protective effect on civil partners and qualified cohabitants. It was often overlooked in debates on the Civil Partnership Bill that it also applied to qualified same-sex and opposite-sex cohabitants where the relationships broke down. That part of the Act offers very important protections to dependent cohabitants who previously had no real protection in law.

Others have alluded to the very important point that the Civil Partnership Act had cross-party support in both Houses. I am the only person to speak so far who was a Member of the Seanad during the last term when we debated the Civil Partnership Bill. It was a very proud time for me and Senator Norris, who pioneered the introduction of a civil partnership Bill as a Private Members' Bill. It was regrettable that we did not have unanimous support in the House, although there was unanimous support in the Dáil.