Civil Unions Bill Introduced in Dáil Éireann (Éire)

The introduction last night of Labour's Civil Union's Bill during Private Members' Time in the Dail was one of the most exciting in the House in recent years.

To a packed gallery, a rousing speech was given by Labour Justice spokesperson Brendan Howlin, followed by subsequent speeches by other members of the party.

Commending the Bill to the House Brendan said: "There are many Irish citizens in stable long-term partnerships who are denied legal recognition, who are denied the protections and rights of loving couples simply because of their gender.

"We have progressed a long way in Irish society. I firmly believe that most people today would have no difficulty in supporting the provisions of this Bill and taking this major step to ensuring equality for all Irish citizens."

Acknowledging the historic nature of the debate Brendan continued: "I am conscious that this is the first occasion when a Bill was debated in this House on the legal recognition of same sex relationships. No doubt there are some who would regard this as controversial or unacceptable."

Equating any controversy now to similar debates on contraception in the past Brendan said: "I believe that this Bill or one like it will soon become law and in future years we will look back and wonder why the fuss."

So what will the bill do? Well it 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 the rules of law applying to marriage will also apply to civil unions.

During his speech a rather uncomfortable and uneasy Minister McDowell attempted to repeatedly sully Labour's proud and long record of driving an equality agenda in Ireland while in Government during 1992 - 1997.

However even the gallery was amused by this as it is widely acknowledged that it was Labour in Government who decriminalised homosexuality.

Concluding Brendan said: "This is an issue of human rights and citizenship. I ask for the support of Government for this Bill... But, let this House ... accept the principle of equality enshrined in this proposal and let all our citizens be recognised, respects and cherished."

The Civil Union Bill debate concludes after Private Members' Time in the Dail tonight.

Speech by Brendan Howlin TD Labour Party Spokesperson on Justice

I am proud and honoured to introduce this Civil Union Bill into the Dáil this evening and to seek the support of Deputies of all parties and none for what is a basic human rights measure.

The purpose of the Bill is to provide for the recognition and legal registration of civil unions. Civil union is defined as "a conjugal status relationship...by virtue of which two persons of the same sex receive the benefits and protections and are subject to the same responsibilities, of parties to a marriage".

There are many Irish citizens in stable long term partnerships who are denied legal recognition; who are denied the protections and rights of loving couples simply because of their gender. We have progressed a long way in Irish society.

I firmly believe that most people today would have no difficulty in supporting the provisions of this Bill and taking this major step to ensuring equality for all Irish citizens.

Under the constitutional understanding of marriage and in accordance with current law, persons of the same sex cannot marry each mother.

This Bill does not alter or seek to alter the current constitutional understanding of marriage. The Bill seeks instead to create an equivalent status relationship for the benefit of persons of the same sex. In simple terms, it provides that in most respects, the rules of law that apply to marriage will apply also to civil unions.

Article 41.3.1 of the Constitution states that "the State pledges itself to guard with special care the institution of marriage, on which the family is founded and to protect it against attack". We believe that this Bill does not offend against that provision since it caters for people who cannot marry and so is in no way in competition to the constitutional definition.

I am conscious that this is the first occasion when a Bill was debated in this House on the legal recognition of same sex relationships. No doubt there are some who would regard this as controversial or unacceptable.

I am long enough here to remember when the debate on contraception was highly controversial and emotive. I was pleased as Minister for Health to bring in the reforming contraceptive Bill. A decade on, we wonder what all the fuss was about!

In similar terms I remember the debate surrounding the legal recognition of divorce championed by my colleague, Mervyn Taylor. It is interesting to see a recent opinion poll showing that if the question was put today 75% of the people would vote in favour. The dire warnings of the end of marriage and communities did not come to pass. The institution of marriage has proven more resilient that some feared.

I believe that this Bill or one like it will soon become law and in future years we will again look back and wonder why the fuss.

Let me set out the details of the Bill.

Firstly, we propose that the general law as to capacity to enter a civil union would be the same as capacity to marry; with similar restrictions, i.e. underage, previous, valid marriage or union, mental incapacity or closeness of blood relationship.

We provide similar legal provision for notification, solemnisation and registration of a civil union to that of marriage under the Civil Registration Act, 2004. We provide that where a religious registered solemniser has a conscientious objection to presiding he/she will not be required to so preside. This of course does not apply to civil registrars.

The Bill deals with the benefits and responsibilities of parties to a civil union. The essential purpose is to provide that parties to a civil union are entitled to the same rights, privileges and benefits and are subject to the same obligations as those to which spouses in a marriage are entitled or subject.

In particular the Bill provides that parties to a civil union are responsible for the support of one another to the same degree and in the same manner as is provided by law for married persons.
We propose that the rights and obligations of parties to a civil union with respect to a dependant child be the same as those of a married couple with respect to such a child.

The Bill deals with such issues as pre-nuptial agreements; the recognition of foreign civil unions; civil union break-up and other related issues. In general the Bill applies the various aspects of existing family law to civil union relationships.

I know that one area of particular focus is the issue of adoption. We felt that this Bill should be as comprehensive as possible and we carefully examined this matter.

Our examination led us to propose a general amendment to the law of adoption. We set out for the first time in law basic principles or criteria for adoption. These principles would have general application in all adoption cases.

The subsection provides that in any decision on or relating to an application to adopt a child due regard shall be had to - the principle that the first and paramount consideration is the best interests and welfare of the child, throughout his or her life.

We set out in some detail the child focused criteria that must be considered:-

- the child's ascertainable wishes and feelings regarding the decision considered in the light of the child's age and understanding;

- the child's particular needs;

- the likely effect on the child, throughout his or her life, of having ceased to be a member of the original family and become an adopted person;

- the likely effect on the child, throughout his or her life, of having become an adopted child of the person or persons who applied to adopt that child;

- the child's age, sex, religion or religious background, national origin and cultural and linguistic background and any other relevant characteristics;

- any harm which the child has suffered or is at risk of suffering;

- the relationship which the child has with relatives and with any other relevant person, including:

1. the likelihood of any such relationship continuing and the value to the child of its doing so;

2. the ability and willingness of any of the child's relatives, or of any such person, to provide the child with a secure environment in which the child can develop and otherwise to meet the child's needs;

3. the wishes and feelings of any of the child's relatives, or of any such person, regarding the child;

- the child's right to know the identity of his or her parents and as far as practicable to be brought up by his or her parents and each of them or by other family members.

This provision is in accordance with the child welfare amendment published yesterday by the government and proposed to be inserted into the Constitution vis 42.(A) 4.

Provision may be made by law that in proceedings before any court concerning the adoption, guardianship or custody of, or access to, any child, the court shall endeavour to secure the best interests of the child.

In essence our proposal is that in any adoption case the paramount consideration is the welfare of the child.

Finally, the Bill makes provision for similar recognition in terms of existing practices and regulations for same sex cohabiting couples as cohabiting couple of different gender.

There has been debate and expert consideration of these matters in recent months. Most recently the Colley Working Group on Domestic Partnership provides thoughtful and useful advice to legislators. The Labour Party Bill has been informed by the Colley conclusions.

The time has arrived to act. The Taoiseach was quoted by the Colley Group as follows:-
"Our sexual orientation is not an incidental attribute. It is an essential part of who and what we are. All citizens, regardless of sexual orientation, stand equal in the eyes of the law. Sexual orientation cannot, and must not, be the basis of a second-class citizenship. Our laws have changed, and will continue to change to reflect this principle".

This is an issue of human rights and citizenship. I ask for the support of government for this Bill - if you have difficulties with any of its detail we can deal with those at committee. But, let this House tonight and tomorrow night accept the principle of equality enshrined in this proposal and let all our citizens be recognised, respects and cherished.

I commend the Bill to the House.

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