The Government was rebuked by a number of backbenchers for failing to introduce legislation giving legal recognition and rights to same-sex couples.
Barry Andrews (FF, Dún Laoghaire) said it was a pity there had not been legislation on the issue. The rights demanded by same-sex couples were fairly basic and possibly taken for granted by heterosexual couples.
"It is unfortunate that three years after the Law Reform Commission's report on cohabitees, there is still not legislation.
"It was also unfortunate," he added, "that five years into the life of the Government, they still did not have anything on the statute books."
It implied, said Mr Andrews, that it was a judgment on gay and lesbian couples and that their relationship was inferior to a heterosexual couple.
Fiona O'Malley (PD, Dún Laoghaire) said she had difficulty with the Government motion, because her instinct was to accord equality to every citizen in the State "and that equality is certainly denied to people in same-sex unions". She felt the Constitution did not serve the State well. It should be a "living document of our time".
Ms O'Malley said she had put her difficulties to Mr McDowell on Tuesday. "I would find it a lot more comfortable if the Government was bringing forward legislation which dealt with this issue."
The Minister, she said, had made the point that the Labour Bill was not broad enough. "If we are to look at this legislation, we have to look at it in a very comprehensive way."
Charlie O'Connor (FF, Dublin South West) said same-sex couples had the right to have their relationships put on a sound legal footing, but the manner proposed by Labour was, he suspected, not the best way to tackle the issue.
"I trust the track record of the Government in moving towards a more equal society for all its citizens."
He did agree that same-sex couples had waited too long for the legal recognition they were entitled to as citizens of the Republic.
The remarks were made during the resumed debate on Labour's Private Members' Bill giving legal recognition to same-sex couples.
A Government amendment called for the Bill to be postponed for six months and noted it would be "prudent to await the determination of the Supreme Court of an appeal now pending before that court on the issue of recognition by the State of same-sex marriages contracted in foreign jurisdictions".
The Government defeated the Bill by 72 votes to 60.
