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Proposed Legislation.

Dáil Éireann Debate, Tuesday - 15 June 2004

Tuesday, 15 June 2004

Questions (55)

Eamon Ryan

Question:

101 Mr. Eamon Ryan asked the Minister for Social and Family Affairs the reason she views this country as not ready for legislation protecting the legal rights of all co-habiting couples, regardless of sexual orientation. [17731/04]

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Written answers

The Deputy is referring to a reply I gave to a press query during the Irish Presidency conference, Families, Change and Social Policy in Europe, on the recognition of same sex partners with children as a form of family. My comment was that, "in terms of official recognition, I do not think Ireland is ready to accept gay marriages as a social norm."

The conference was examining the profound social, economic and demographic changes taking place and the impact these are having on families, which would encompass same sex couples. Much has been done to afford legal protection to gay and lesbian people as individuals, through the decriminalising of homosexual activity for those who have reached the age of consent and through prohibiting discrimination on grounds of sexual orientation.

A further stage is to afford legal protection to same sex couples living together in a long term relationship. One option would be to afford such relationships the same legal protection as that currently afforded married couples though this may not be generally accepted. It could be counterproductive, and even detrimental to the interests of gays and lesbians, to go against public opinion on such a sensitive issue. I do recognise, however, that same sex couples have the same needs, as a couple, for family life, as other citizens, and that appropriate legal protection for that relationship should be provided in that regard.

The Law Reform Commission has addressed this issue in a recent report in the context of the granting of legal protection to cohabiting couples. I trust this report will help to inform public opinion on the various issues involved and on various possibilities for their resolution. I hope it will lead to a calm and constructive debate and thus help in promoting the further social inclusion of gays and lesbians, to which I, as Minister for both Social and Family affairs, am fully committed.

In addition, I have given a commitment to a review of the overall social welfare code in regard to the requirements of the Equal Status Act 2000. The Equality Authority has welcomed this review, which will be conducted in consultation with all interested parties. The review will be based on a framework to be agreed with the Department of Justice, Equality and Law Reform. The scope and terms of reference of the review and the necessary arrangements for undertaking it are being considered.

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