Fintan Warfield (Sinn Fein) | Oireachtas source

I scorn his use of the word "fairy". I commend Senator Bacik on bringing this Bill to the House. Dr. Parris's case highlights the fact that, despite substantial strides, including marriage equality, we still struggle in many instances to provide legislation and procedure by the LGBTQI community. Sinn Féin believes that Dr. Parris was discriminated against and that his and his husband's marriage deserves to be treated equally. The marriage equality referendum was fought on the basis of equal marriage rights. It is clear that Dr. Parris has not received that.

The referendum was intended to allow two people of the same sex who love each other express that love in the same way as everyone else. There were legal obstacles that were of great importance during that campaign that denied LGBT people security in certain circumstances, for example, married couples could adopt as a couple whereas only one gay partner could adopt and the other had no parental rights that could be expressed in cases of emergency or separation.Another significant legal right was the right of succession where, in the event of a death, the surviving spouse would have an automatic entitlement to his or her husband's or wife's property intestate. That gave security to widowed parties and allowed LGBT couples to be treated as equal. I mention transgender citizens also because the divorce requirement for gender recognition was conditionally removed on that referendum's passing.

While this Bill, as admitted by Senator Bacik, provides for a very small number of people, and will provide for fewer as time goes on, it is important that we, as legislators, do what we can to express the wishes of the marriage equality referendum and provide civil and legal rights to LGBT people equally to those of heterosexual married couples represented through legislation.

As legislators, we must also consider how best to achieve equality for those marginalised but also how we redress the inequality of our past and provide justice for those affected. What this anomaly will show is the need to equality-proof legislation effectively for those denied marriage rights in the past and those who wish to get married in the future.

In response to a Sinn Féin parliamentary question on gold digger clauses, the Department of Social Protection stated:

Private pension schemes (such as occupational pension scheme) are matters for pension scheme members, their employers, and the scheme trustees. My Department does not hold records of individual pension schemes and their rules (such as any “gold digger clause” in specific pension schemes).

As the Department does not hold data to ensure compliance with pension law, the Minister might respond on how this Bill's implementation will be monitored by the Department if pension procedure is not monitored.

My hope is that this Seanad continues to explore how best to achieve LGBT equality and that we have further conversations to determine how much is left to be done in terms of providing gender recognition for all, combatting homophobic, bi-phobic and transphobic bullying, the increase in hate crime, LGBT visibility, acceptance and much more. I believe all Members and parties should use their time here wisely, however long this Seanad remains, and I call on all parties and groupings to bring forward legislation that will progress LGBT equality as there is so much to be done in that regard.

I also want to remember Declan Flynn, whose anniversary was on Saturday.

I commend Senator Bacik on highlighting this anomaly in the legislation. I also commend Mr. Parris on what I am sure was a tough legal struggle. He showed a great deal of courage. Go raibh míle maith agat.