Darragh O'Brien (Fianna Fail)

This has been a good debate. I take a very simplistic approach to all this. I believe everyone in this country is equal. If we believe that people are equal, the law should reflect that. It is the job of the Houses of the Oireachtas to make good laws or to reform and repeal bad laws. That is the fundamental reason for us being legislators. I fully accept the bona fides of my colleagues who have spoken today. However, too frequently with successive Governments, including the previous Government, I have seen delays with caution getting in the way of progress. There is no reason not to accept this Bill on Second Stage to allow it to go to Committee Stage. Senator Power has put in phenomenal work and I welcome my Government colleagues' comments in that regard. It should be allowed to progress because there is no timeframe set on Committee Stage. Committee Stage can be taken and some of the concerns raised by both Ministers, Deputies Shatter and Quinn, can then be addressed. No one has said this is unconstitutional. The Minister said there may be some constitutional issues and I accept that it is complex. However, as legislators we need to do our job in what is not a political issue but a human rights issue.

I wish to make one comment on Senator Mullen's contribution. Just because a case has not been taken under section 37, that does not mean we should not act. I do not agree with the death penalty and would not want it on the Statute Book again. The death penalty was repealed here even though an execution had not been carried out for decades. However, it was deemed that that law was wrong and infringed on people's human rights and their right to life. In this case it is very simple. Teachers, gardaí and doctors are constantly being fobbed off by successive governments effectively with the line: "Don't ask; don't tell", which was the famous fudge used with the military in the United States. We are a progressive Republic. I respect those of all religions and those of none. I respect people regardless of their sexual orientation, creed, or where they come from.

It is our job to make the Seanad relevant - it is relevant. I accept what the Minister, Deputy Shatter, said to some degree and I fully accept his bona fides and that of the Minister, Deputy Quinn. However, there is no reason not to accept this Bill on Second Stage and allow amendments to be tabled on Committee Stage, on which there is no timescale. I do not want this matter kicked out until early next year. Why should teachers need to go through another school year from September waiting for action? Senator Keane is right in saying that much progress has been made over the years - but not enough. It is our job to pick that up. I urge colleagues in a non-political fashion to agree the Second Stage and then we can sit down to consider the amendments required. Every person in the State is equal and the law should reflect that.