Speech by Ciarán Cufe TD in Dáil Éireann on the Civil Partnership Bill - 3 November 2009

You’d be for forgiven for thinking, Leas Ceann Comhairle, that this is an unwelcome piece of legislation; that its presence here on the floor of the house, introduced after a lengthy period of gestation and public debate, is somehow a letdown.

There are those in our society for whom any formal, legal recognition of same sex partnership offends. They perceive civil partnerships as an affront to religious marriage, a challenge to the traditional family unit of man and woman and unwise legislating

Yet there are also some members of the gay and lesbian community for whom this bill is a disappointment in what it does not do, namely the establishment of full gay marriage.

But before this bill is labelled as unnecessary intrusion into tradition marriage or legislative discrimination, let’s take a step back for a moment and analyse just what practice benefits civil partnerships will bring for gay and lesbian couples.

Currently, those same sex partners living together in committed loving relationships have precious little recognition and few rights and obligations.

Currently there is little more recognition at law than flatmates living together.

The Civil Partnership bill will create rights, responsibilities, safeguards and obligations for same sex couples in a loving relationship where there were none before.

And these are significant, substantial changes that will make a real difference.

The bill amends over 130 pieces of legislation, stitching the recognition of the unit of civil partnerships into the corpus of our legislation.

It creates maintenance rights, so that when one civil partner is financially dependent, the other must provide for them.

It strengthens our equality legislation, preventing discrimination against civil partner in employment as well as in the provision of goods and services.

So that when a civil partner presents at a hospital seeking access to see a loved one who has fallen ill, he or she will have the same rights and powers of decision as a husband or wife in those difficult circumstances.

So that when an employer chooses to give special marital leave to newlywed employees, that same arrangements will by law have to be given to civil partners.

So that when a pension scheme provides that a benefit accrues to a spouse, that same benefit will extend to a civil partner.

This bill will create legal protection and recognition where there was nothing before.

Civil Partnerships will make a huge difference to the law in the area of inheritance. Currently, when a person in a same sex relationship dies without a will, the non-marital partner has no right to claim for their estate. No matter how long they have been together, they have no claim on the inheritance of a loved one when they die intestate.

Civil Partnerships will dramatically improve this situation. Under this bill, a civil partner will have the same rights to an estate as a widow or widower. They will have an entitlement under law to claim a portion of the estate. This will provide a real and tangible benefit.

Legal protection and recognition where there was nothing before.

Civil Partnerships will transform the treatment of same sex couples for taxation and social welfare purposes, so that a couple in a civil partnership may share tax credits for example. So that a widow’s pension can be extended to a civil partner.

A Civil Partnership will cast a legal safety net for couples who break up; it will provide surety and security during the difficult times of illness of a loved one, when legal protection should be furthest from the mind; it will provide protection for the shared family home and give relief in cases of domestic violence and it will provide security of tenure in rented accommodation in succession situations.

All this where there was nothing before.

Many of the rights, obligations and responsibilities spouses enjoy will now be shared by same sex partners.

So before we characterise this bill as an attack on traditional values or an inadequate solution, we must ask:

Is this not a positive development? Do we not become that little more enlightened as a country which has chosen to open the door to recognition of same sex relationships?

This bill marks substantial, purposeful progress on our equality agenda. It will be of huge practical benefit to gay and lesbian couples across this country.

In addition to the rights it confers however, the creation of civil partnerships sends important messages to those couples seeking to formalise their relationship: Recognition. Acceptance.

If they wish, their partnership may be brought under the wing of the State, benefitting from its safeguards and growing into the responsibilities it creates.

In extending our body of equality legislation like this I believe we do progress our understanding and we do mature that little bit as a society.

For more information on Civil Partnership read GLEN's guide here (pdf).