Paschal Mooney (Fianna Fail) | Oireachtas source

I am not in any way disrespecting the opinions that are held by Senator Norris in this regard. All I am suggesting is that, as Senator Craughwell has correctly pointed out, referendums are very strange animals. On many occasions in this country we have seen examples of referendums which, in advance of polling day, were shown in opinion polls to have overwhelming popular support but which have subsequently been lost. The most recent example of that was the proposal regarding the abolition of this House, of which Senator Norris is fully aware because he was heavily involved in the campaign.

In the context of this amendment, to dismiss and rubbish the very sincerely-held and legitimate views, which I have heard from many people who are not in favour of same-sex marriage, is unwise. Those views should be respected. Senator Norris would be more familiar with Voltaire than I am. Voltaire argued that while he would not necessarily agree with the opinions of the opposition, he would fight to the death to defend their right to voice them. In the forthcoming debate between now and referendum day, I hope Senator Norris and others who agree with him will desist from rubbishing the views of others. It is a strange ingredient among liberal people - which Senator Norris would claim to be - that they are, in some cases, among the most intolerant of other peoples' opinions.

To get to the nub of this issue, several references have been made to best practice in other countries, specifically to the constitutional courts in Germany. I will narrow this down to one simple point, namely, that the legal advice holds that the constitutional reality is that this State does not recognise same-sex marriage, full stop. Is that not the conundrum that the Minister of State has had to face in this regard? I am totally opposed to this proposal. I absolutely agree with everything that has been said so far in this debate about respect on the one hand, constitutionally, for the institution of marriage and on the other hand, that this legislation is actually going to force a marriage apart. I find that very difficult to accept and absorb but it seems to me that the Minister of State has little choice in this regard because of the constitutional reality in Ireland - not in Germany, Finland or anywhere else. This is about this country, its laws and its Constitution and until that is changed, the Minister of State has little choice but to bring forward this legislation. I wish it were otherwise. Perhaps the Minister of State will clarify that for those who may feel the Government is being obdurate and obstinate in this regard.