Seanad debates

Wednesday, 13 July 2011

Finance (No. 3) Bill 2011 (Certified Money Bill): Second Stage

 

1:00 pm

Photo of Rónán MullenRónán Mullen (Independent)

That is correct, Ms Justice Dunne made it. She ruled that it would be to give it an interpretation which was simply not compatible with the constitutional understanding of marriage.

I am not confusing the two issues. I am merely making the point that there are significant issues that we must consider. When we import a notion of equality, we must ask who else will seek equality in the future for their relationships? Will we have the same group-think when it comes to such debates in the future as we have had in respect of civil partnership? I am making a point on the need for a more intellectually searching debate and the avoidance of a closing down of dissenting voices. That is my point.

Central to my concerns last year and now was and is the fact that this is equality in favour of people in a particular caring dependent relationship, namely, one that has a sexual dimension. I understand the former Deputy and Minister of State, Martin Mansergh, asked the question of whether this was an example of the State getting back into the bedroom. Is this really about equality? Under the changes to be made in respect of capital acquisitions tax, a child of one civil partner will be entitled to inherit from the non-parent civil partner up to a threshold of €332,000. If that person were to receive an inheritance from another close relative such as a sibling, an aunt, an uncle or a grandparent, a threshold of one tenth of that figure would apply, that is, €33,000. What does that say about our commitment to equality? Last year, I made a point about what really should be provided for. I remind Members that last week, I supported Senator Zappone's amendment to allow the Minister to decide in favour of naturalisation of a non-European Union national spouse or civil partner. I genuinely believe each case needs to be considered on its own merit and genuinely believe in a compassionate accommodating society. However, I question a form of equality legislation that does not recognise that people in a caring dependent relationship in which there is mutual dependency, sacrifice and support but which is not sexual, are entitled to just as much recognition as are people in a same-sex relationship. Ultimately, the reason marriage between men and women was supported all along was, to paraphrase the millennium cohort study, to support that context in which children would be brought up as much as possible by two biological parents in a low-conflict marriage, which is the gold standard. I believe Members lost sight of genuine equality with the civil partnership legislation last year in favour of a notion of partial equality. Just as seriously, they failed to have a debate in which all sides' genuine concerns were ventilated fully and properly debated. It was to the shame of the Government of the time, as well as of other parties in this House, that the debate on the legislation ended with a guillotine.

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