THE FIRST civil registrations for same-sex couples are likely to take place next January following overwhelming approval of the enabling legislation by the Oireachtas last night.
The Civil Partnership Bill was approved by the Seanad by 48 votes to 4 at 6.30pm, having completed its passage though the Dáil last week.
The Bill will now be sent to President Mary McAleese for approval. The President can sign it into law or refer it to the Supreme Court if she has concerns about its constitutionality.
The vote came at the end of a marathon 23-hour debate on the Bill. It was prolonged by a small number of members, led by Senator Ronan Mullen, who objected to the legislation on moral and conscience grounds.
Mr Mullen and three dissident Fianna Fáil Senators, Labhras Ó Murchú, John Hanafin and Jim Walsh, voted against the substantive legislation. All lost the Fianna Fáil whip this week when they signalled they would oppose it.
There were no abstentions. While voting for the substantive Bill, the independent Senator Feargal Quinn also argued trenchantly against some of the sections during the course of the debate. Both Fine Gael and Labour Senators supported the Bill.
In all, 77 amendments were tabled to the 200-section Bill with each amendment taking an average of two hours of debate on each. Senator Mullen was on his feet throughout the debate, speaking at great length on each amendment. He was accused of filibustering by proponents of the legislation but strenuously denied the charge.
At 4.30pm, in a highly unusual development, the Leader of the Seanad Donie Cassidy announced that he was guillotining the debate at 6.30pm.
While the device is relatively commonplace in the Dáil, a guillotine has not been applied in the Seanad for at least two decades. It has been the practice of the Upper House to continue debating legislation through the night if necessary, as happened with the Nama legislation last autumn. Mr Mullen claimed the debate had been “tainted” by the decision to curtail it.
Green Party Minister of State Ciarán Cuffe, who instigated the move to introduce the legislation in 2007, welcomed its approval last night.
He said changes would need to be made to social welfare and tax laws to facilitate the change. He said those changes would most likely be made in December’s budget.
“I would be happy if it was in place from January 1st next year. Without giving too many hostages to fortune, I am optimistic that the first civil registrations can take place from then,” he said.
The Bill will extend marriage-like benefits to gay and lesbian couples in the areas of property, social welfare, succession, maintenance, pensions and tax.
Among the objections voiced by Senators was the absence of a conscience clause for public servants to allow them opt out of the process. They also argued against the right to hire church premises for celebrations of same-sex unions.
Richard Greene, of the ultra-conservative Cóir group, was one of a small group who protested outside Leinster House. He said a referendum should have been held. “The people of Ireland would have rejected this Bill if they had been given their constitutional right to have a referendum,” he said.
Senator Ivana Bacik of Labour said that the passing of the Bill was a significant landmark.
“It’s been a long road, 17 years since the decriminalisation of homosexuality,” she said.
