Today's Ireland allowed people get on with their lives in whatever way they wished, Kathleen Lynch (Lab, Cork North Central) said during the resumed debate on civil partnerships.
"The last census showed that 2,000 gay couples were cohabiting in this country. As a nation, we are saying that they cannot enjoy the same rights in law that we have." She urged acceptance of her party's Private Member's Bill legalising civil partnerships.
The Government, which has set a deadline of March 31st for the heads of its own Bill to be introduced, voted down the Labour measure by 66 votes to 59, arguing that it was unconstitutional.
Ms Lynch referred to the case of a woman who had lived happily for 16 years with her partner. When her partner got sick, it occurred to her she had no rights, and they got married as soon as he recovered because she needed that type of security in law. That was what the Labour Bill was offering to all people, she added.
Dr Martin Mansergh (FF, Tipperary South) said there was clearly a need for reform. But unlike, for example, the decriminalisation of homosexuality, this involved not just a change in the civil law, but a significant Revenue cost. There was, literally, a price to be paid for a fairer, more equitable society.
"Like the late Douglas Gageby, former editor of The Irish Times, I believe that liberalism is inherent in republicanism. I would be broadly comfortable with the changes in social legislation that have been enacted." In the case of civil partnership, said Dr Mansergh, there should be no necessity for there to be a physical relationship, though of course the public might tend to draw its own conclusions.
"There is a danger to be guarded against in any legislative scheme that confers tax advantages, that people will adopt a civil partnership, which is in practice normal or non-existent, purely to avail of the tax advantages." It was important, he said, that any legislation on civil unions or partnerships did not bring the State back into the bedroom. He added that he favoured complete equality in all non-marital domestic partnerships.
Notwithstanding the variety of social arrangements, the value and social utility of marriage and the family based on marriage remains paramount, particularly for the upbringing of children, said Dr Mansergh.
Mary White (Green Party, Carlow-Kilkenny) praised Labour's Brendan Howlin for the work he had done on the Private Member's Bill and enhancing the debate on civil partnership for same sex couples. It attempted to deal with a range of complex issues.
Her party, she added, stood for liberty and equality and did not believe the law should discriminate against minority groups and their needs. She looked forward to the Government bringing forward legislation which was compassionate, well-argued and of such clarity that it would not be subject to any delaying constitutional challenge.
Charlie O'Connor (FF, Dublin South West) also praised Mr Howlin and his Labour Party colleagues. "I am a strong supporter of civil union. Next year, will mark the 20th anniversary of the Norris judgment in the European court, which led to our government decriminalising homosexuality in 1993."
Áine Brady (FF, Kildare North) said the Government was not against the spirit of the Bill. However, it had a responsibility to ensure sufficient time to debate the subject and its legal complexities, to enable a more comprehensive approach to the question of civil partnership.
