Seanad debates

Wednesday, 4 July 2012

11:00 am

Photo of David NorrisDavid Norris (Independent)

I support Senator Bacik. It would be a very good idea to discuss the report of the Joint Committee on Justice, Defence and Equality. There are serious concerns about a possible breach of the Paris principles. Earlier, we heard about the arms length principle. The Minister is purporting to appoint someone directly, virtually by name, to this post. I objected to this when Fianna Fáil tried to do it. The appointment to a board by a committee appointed by the Minister violates every notion of independence and is an appalling example of creeping bureaucracy.

What is the status of the proposal to introduce gay marriage? The Minister for Justice and Defence, Deputy Alan Shatter, made it clear at the meeting of the European Gay Police Association that he would, urgently, bring the matter to Cabinet. The Tánaiste, Deputy Gilmore, indicated strong support for it recently. The Taoiseach has suggested tossing it into the constitutional review committee which seems to be a kind of dustbin for everything, except Seanad Éireann.

Questions have been raised about the constitutionality of this measure. In the Irish language version of the Constitution, Bunreacht na hÉireann which takes precedence over the English language one, the word used for family is teaghlach which comes from tigh, meaning house. What is meant, intended and specified in the superior version of the Constitution, which has force in law, is a word that means household community. A gay couple living together constitutes a household community. The question is not whether or not it would be unconstitutional to introduce gay marriage but whether or not it is a violation of the Constitution to deny gay marriage. The Irish language version of the Constitution would seem to support this.

I would be grateful if the Leader could answer the serious question I raised about Mrs. Nurit Modai, the Israeli deputy ambassador. I raised this matter some weeks ago and have yet to receive a reply.

I would like it on the official record, if possible. Due to other circumstances I may not be able to wait for the reply. The Leader may decide not to grant me the courtesy of replying on the record but if he sends me a note I shall put on the record.

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