Rónán Mullen (Independent)

Cuirim fáilte roimh an Aire Stáit; I welcome the Minister of State. I have no doubt he is aware that I was one of the Senators who opposed the civil partnership Act in the House last year. I would be a hypocrite were I not to state I continue to be concerned about aspects of that legislation. Therefore, I cannot support aspects of this Bill because it flows from a false premise or a faulty idea of how we should go about addressing the legitimate needs and concerns of some in our society, including persons in same sex relationships. I note Senator Ivana Bacik stated her comments were, to use her own words, tempered by the fact that she regretted the Bill did not go as far as she would have wished. This view was reflected in Senator Katherine Zappone's position also. My comments are also tempered by the fact that at no point either last year or now did I desire or have I desired to disregard or disrespect the undoubted sincerity of those who believe this Bill will achieve some social good. I respect people completely in their personal and private relationships and I am keen to see our society, policies and laws honouring and respecting people in the commitments they make to each other. However, it does not follow automatically that we should have civil partnership legislation of the kind brought forward. Certainly, it does not follow that we should have to change the Constitution and laws to redefine marriage in the way proposed.

I make my comments animated by a genuine, personal concern for the common good and a particular concern that society should continue to recognise in a special way the institution of marriage between men and women in the way validated by recent international legal pronouncements and that it should show special concern to these relationships because they achieve a particular social good or because they provide the context for the achievement of a particular social good which we should not deny. I do not believe it could be wrong in any way for me to flag this concern. Therefore, Senator Ivana Bacik was wrong in her assessment of the apparent unanimity in the Dáil last year being positive and in her regret that there was dissent in the Seanad on the civil partnership legislation. What we saw in the Dáil last year and in large measure in the Seanad was an example of group-think. I do not believe anyone was done a favour by the closing down of the debate to only permit or celebrate comments that were politically correct or in accordance with the apparent media and public policy agenda that prevailed.

I respect what I have heard from Senator Katherine Zappone who believes the legislation does not go far enough. Generally, most politicians are supportive of it. The reason for this is partly historical because Fianna Fáil was the party which brought forward the civil partnership legislation and it could hardly oppose what is now taking place, even if it were motivated to do so for political reasons. Therefore, it falls to the few who genuinely hold objections and see problems to raise them in the public interest. I am not impressed by Sinn Féin's borrowing of the language of civil rights when it has addressed civil rights and the equality agenda in a partial way.

The civil partnership legislation was about a notion of equality but it was only ever equality for some. I made the point then and make it again now that there is no human right to a same sex marriage or civil partnership. Even in recent times international decisions, including the UN Human Rights Committee decision in the 2003 case of Joslin v. New Zealand, suggest marriage is for men and women, in particular. That is not to be offensive to anyone; it is because marriage is seen as a particular social good. The Doha International Conference for the Family in Qatar in 2004 affirmed similar sentiments, referring to a family composed of a husband, a wife and children as being a natural basic element of society. The recent European Court of Human Rights decision on same sex marriage and civil partnership affirms that there is no right to marriage for homosexual persons under the European Convention on Human Rights. I make the point to illustrate that the public policy direction we should take in these matters is not a no brainer; it is far from a settled issue. We must hold a genuine debate and need to engage the brain on what we consider to be most in the public interest.

I could also quote a judgment by Ms Justice Elizabeth Dunne, the judge in the case involving my colleague, Senator Katherine Zappone. I am paraphrasing, but she came to the conclusion on the evidence on equality of outcome for children being cared for within same sex relationships was that it was unsafe to rely on the evidence on offer. Senator Katherine Zappone made a recent decision in the context of a different issue relating to polygamous marriage in respect of the marriage of a Lebanese man and woman in Lebanon and a relationship that was valid under the law of Lebanon. She stated that to interpret our constitutional provision as including polygamous marriage would be to give it an interpretation-----