Jim Walsh (Fianna Fail) | Oireachtas source

Tairgim leasú a 3:

I leathanach 5, línte 19 agus 20, "an tAcht um an gCeathrú Leasú is Tríocha ar an mBunreacht (Comhionannas Pósta), 2015" a scriosadh agus "an tAcht um an gCeathrú Leasú is Tríocha ar an mBunreacht (Pósadh a Athmhíniú), 2015" a chur ina ionad.

I move amendment No. 3:

In page 4, lines 19 and 20, to delete "Thirty-fourth Amendment of the Constitution (Marriage Equality) Act 2015” and substitute "Thirty-Fourth Amendment of the Constitution (Redefinition of Marriage) Act 2015".

I have a number of questions and comments to make and I would appreciate it if the Minister could answer the questions I am asking, which are important. What is marriage? The definition I came across is that marriage unites a man and woman with each other and any children born from their union. This is the definition I quoted on Second Stage. It is an uncontroversial, generally accepted definition of marriage, but this Bill proposes to redefine marriage. Same-sex marriage is not a right recognised in international rights law. Neither the UN nor the European Court of Human Rights does so.The Minister has mentioned that it is a right on a number of occasions. Can the Minister point to any such international recognition of same-sex marriage as a human right?

Currently, failure to consummate the marriage is grounds for divorce and annulment. Will this be affected should the referendum pass? It is ground used by people with regard to either separation, annulment or divorce and has implications for people if there is a change to it.

The term "marriage equality" in the Title of the Bill is an example of political framing. It is not a neutral term but a loaded one and shows a profound lack of respect for the Irish people for the Government to try to condition and control how Irish voters think about the proposal by framing it in a loaded rather than neutral way. Marriage equality is a term that emanates from the pro same sex marriage lobby groups in Ireland and internationally. Marriage equality is a lobby group slogan. It is not a neutral description of what the Government proposes to put before the people on 22 May. The irony is that while the Government included the word equality in the title of the Bill, the loaded term marriage equality clearly shows that the Government does not favour equal treatment for all sides and full opinions in this referendum. Irish constitutional law demands that all referendums be conducted in a fair, equal and impartial way. The loaded one-sided language is an inauspicious start to the referendum campaign. Is the Government deliberately ignoring the McKenna principle and the judgment of the Supreme Court in the McCrystle case? McCrystle v. the Minister for Children and Youth Affairs concerned the Government campaign in support of the children's referendum. The Supreme Court ruled that the Government placed the rights of those in favour of the children's referendum above those against when it put together its information campaign. That is the finding of the Supreme Court. Is the Government doing the same thing in its use of the term "marriage equality"? Is it prejudicing the outcome of the referendum? Is use of the term "marriage equality" intended to secure an affirmative result in the referendum.? As an organ of the State, the Government has a constitutional obligation to other parties and cannot be seen to favour one side over another. Individual members of the Government are entitled to favour one side over the other but the Government must treat all sides equally. The use of loaded language and subtle advocacy does not does not do that.

Its handling of the children's referendum has been challenged in another case, brought by Joanna Jordan. The case urges a rerun of the children's referendum because of the Government's handling of it. Journalist Mr. Bruce Arnold said it is intemperate and overzealous of the Government to push ahead with the marriage referendum when the Supreme Court has not yet ruled in the Jordan case-----