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Labour’s civil unions bill a major step towards full equality

Issued : Thursday 14 December, 2006

The Bill we are publishing here today – the first stage of which I moved in the Dail this morning – represents a very significant step towards the provision of full equality for gay and lesbian citizens and particular for those in same sex relationships.

In many respects the tabling of this Bill marks a significant watershed in our legislative and social history. When the Bill is debated in the Dail – which I hope will be early in the next session – it will be the first time that the Dail will have been given the opportunity to consider legislation providing for the recognition and registration of civil unions entered into between persons of the same sex.

Deputy Brendan Howlin speaking at the launch

The Labour Party has a long and proud record of driving the equality agenda in this country. The Labour Party provided the impetus for the legislative changes in 1993 that decriminalised homosexual activities between consenting adults. Myself and Barry Desmond, during our respective terms of office as Minister for Health, introduced legislation that provided for the easy availability of contraceptives. It was Mervyn Taylor who successfully piloted the constitutional amendment that allowed for the introduction of divorce during the term of the Rainbow Government.

The Bill we are publishing today is entirely consistent with that equality agenda. The Bill will create a status relationship equivalent to marriage for the benefit of people who are of the same sex and who, under the current constitutional understanding of marriage, cannot marry each other. It provides that, in most respects, the rules of law applying to marriage will also apply to civil unions.

I believe that in approaching the issue of legal recognition for same sex relationships we should learn from the experience of the divorce referendum. In that case the Dail legislated initially for judicial separation that provided, in effect, for the full dissolution or marriage withholding only the right to remarry. When the system of judicial separation was well established and working well, it then became possible to show a majority of people that providing full divorce, including the right to remarry, was a humane and reasonable way to deal with the problem of marital breakdown.

One of the reasons the Labour Party has tabled this Bill is because the government has shown no commitment to the introduction of such legislation. The government has been dancing around this issue for some time. There have been sympathetic noises from both the Taoiseach and the Tanaiste, but no indication of a willingness to act. Despite the publication, last month, of the Report of the Working Group on Domestic Relationships, the government has refused to give any commitment on the introduction of legislation to allow for civil partnerships.

“When questioned on the Order of Business in the Dail two weeks ago, Minister McDowell specifically refused to give any commitment on legislation and it seemed clear from his responses that the government has no intention of touching this issue – certainly in advance of the general election. This would appear to be confirmed by a written reply to a question I received last week in which Minister McDowell said that the Report on Domestic Relationships was ‘intended to inform public consultation and will assist in the formulation of policy in this area. It is intended that the development of legislative proposals will be on the basis on such consultation taking into account the news of interested groups and persons’. It seems clear that the government’s strategy is to engage in a further lengthy period of consultation, thus ensuring that this issue is safely kicked into touch until after the next general election.

“I believe that the time for consultation is over and the time for decision making is approaching. I am also confident that Irish society has matured and attitudes changed sufficiently to the point where the majority of Irish people would now have no problem with legislation that would provide same-sex couples with same rights and duties that are generally available to married couples.”