Trying to divine what the government is thinking in relation to any policy position is difficult, however I have found it next to impossible regarding this proposed Civil partnerships legislation. Listening to the Green party Equality spokesperson Ciaran Cuffe on Morning Ireland on 1st November , he seemed to intone that there was one almighty fight between the Green Party and Brian Lenihan – Minister for Justice about the scope of the legislation, with the Green party seeming to have come out the losers of this fight. Among the comments made by Cuffe are that the government is “not in a position to deliver on full recognition” and it will be a “step in the right direction”, none of which fills me with eager anticipation for the legislation promised in March (Kieran Rose of the Gay, Lesbian Equality Network stated on the same programme that the measures will “falls far short of equality”). The one possible bright spot is that there is a period of over 5 months to organise an effective campaign to bring pressure to bear and deliver full and equal Civil Partnership.
Below is a letter I wrote to the Irish Times yesterday (1st November 2007) outlining one of my concerns about how this legislation may develop:
"Dear Madam, I very much welcome the commitment of the Government given in the Dáíl on 31st October 2007 by the Minister for Justice to "provide for the registration of civil partnerships of same sex couples". This legislation has been promised many many times during the lifetime of this government and though it seems they are able to rush through Criminal Justice Bills in a matter of a month while for a period of over 6 years it seemed unable to find time for this Programme for Government promise, the commitment is welcome nonetheless.
However, I am still mystified at why the Government does not simply accept the Labour party proposal, supported by all parties except those in government, which seeks to implement the very successful Civil Partnerships approach from the U.K. The comments of the Minister for Justice worry me in that he states that the forthcoming legislation "will also provide protection for other relationships which lie outside marriage but which may be heterosexual or same sex." The only interpretation I can put on this is that the Minister is proposing to include relationships of people who are not currently excluded from marriage. If this is so, and the Minister wishes to implement tax-breaks for co-habitees in non-conjugal relationships such as brothers and sisters then he should do that, but separately from any Civil Partnership legislation. His priority should be equality before the law for gay people, who are the only sector of society denied the privilege of marriage. I do not wish to have my loving, sacred and permanent Civil Partnership be compared to that of a non-conjugal couple such as cohabiting family members who enter into the same Partnership for transient and selfish financial purposes. It is my belief that the Minister is proposing something quite similar to what the Catholic clergy proposed some years ago (*See below). Though it is admirable that he would attempt to integrate the views of all sections of society, when a core issue of equality for a large section of our society is at stake, it is imperative that it be addressed fully and without compromise.
I believe the Minister should concentrate on one core objective – equality for same-sex couples through the implementation of the what the Government's own Colley report called for and what the Programme for Government encourages, that is "Civil Partnerships at the earliest possible date in the lifetime of the Government", otherwise the inequality and exclusion of a large section of our society will continue.
Yours,David Garrahy"
My concerns were compounded by the comments of Dr. Manseragh, reported in the Irish Times on 1st November when it was reported "In the case of civil partnership, said Dr Mansergh, there should be no necessity for there to be a physical relationship"...I have a fear that a whitewash will be served up, comprising some sort of tax scheme for siblings, family members and other random people which will be backed by the Catholic church and will fall well short of equality. As I siad in a previous letter published in the Irish Times on 6th March 2007 - "The problems these two sets of people face are very different and the solutions should also be different." Of course, if the government successfully legislates in this area, any reform of that system would be 10 -15 years away, potentially leaving and unequal system in place for the near future. That settles it - I'm going to Canada!
* Clarification on 12th November 2007 - When I mentioned the Catholic clergy position, this is based on comments from Archbishop Diarmuid Martin as reported by David Quinn then of the Irish Indepndent (he is now freelance having edited the Irish Catholic and setting up the Iona Institute earlier this year) - hear comments at this link
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