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Dáil
‹ Leaders' Questions

Same-sex parent recognition

Summary

Deputy Pringle raised Pride and said legal recognition of same-sex parent families remains incomplete because key sections of the legislation have not yet been commenced. The Tánaiste welcomed Pride, reaffirmed the Government’s commitment, and promised a fuller follow-up answer on the detailed provisions.

This weekend, the Pride parade, with the theme "We are Family" will take place in Dublin. The theme is apt when one considers how far we, as a country, have come with the passing of the same-sex marriage referendum. Ireland was the first country to legalise same-sex marriage by means of a popular vote.

Although it can seem like Ireland is becoming a fully inclusive and open society, if one looks more closely, there remain systemic inequalities, particularly for the LGBTQI community. This is because three years after the passing of the marriage equality referendum, Parts 2, 3 and, crucially, 9 of the Child and Family Relationships Act still have not been commenced, despite promises and commitments from the Government to do so. Last week, the Taoiseach himself promised it would be done before the end of this Dáil term.

The Child and Family Relationships Act 2015 was to provide vital legal recognition and rights for same-sex couples with children but it has fallen short due to the lack of commencement of those provisions. It is astonishing that same-sex couples are still unable to register the name of one partner or spouse on their child's birth certificate. That can have a huge impact on parental rights. As a result of this Government's inaction, hundreds of families are being left in vulnerable situations, including children, while parents are not granted full parental rights. Many are unable to obtain passports for their children or are left in limbo without the same rights or protections afforded to other families.

When will the Government fully recognise the diverse range of families in Ireland and protect them equally? I welcome the recent announcement by the Minister for Health that he is bringing in legislation seeking to commence Parts 2 and 3 of the Child and Family Relationships Act. The Government is falling short again, however, by not also commencing Part 9, which is required alongside Parts 2 and 3 as it deals with the registration of birth amendments to the Civil Registration Act. It will allow for Parts 2 and 3 to facilitate retrospective declarations of parentage. To register the birth of a child, Part 9 will need to be commenced as well. When will the amendment Bill be progressed through the House, as a matter of urgency and is it envisaged it will before the recess? Will Part 9 also be commenced alongside Parts 2 and 3 and will a timeline be provided for this to happen?

Comment on this
Simon Coveney The Tánaiste Fine Gael

I know Dublin Pride is happening this weekend. I expect in this weather that it will be a great celebration, as well as a great party, full of colour and with many families. Every year the Pride parades, in Dublin, Cork or elsewhere, involve more children and that is to be welcomed and supported. Turning to the specifics of the questions Deputy Pringle raised on legal official recognition of same-sex parent families, there should not be any doubt in anybody's mind of the commitment of the Taoiseach or the Government to this issue. The Minister for Health, Deputy Harris, has confirmed that he wants to commence Parts 2 and 3 as soon as he can.

I am not familiar with each individual provision that the Deputy outlined, Parts 2, 3 and 9, but I will come back to him with a more detailed answer. I assure Deputy Pringle that this Government is looking to bring legal certainty to this issue as soon as we can but we have to go through the appropriate procedures to make sure that legislation is introduced properly. It is a priority. The kind of social reform we have seen happen in Ireland over the past five years is something we intend to continue and provide legal certainty around, and that goes for this issue, like many others.

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That is the point; it is not enough to just do the headline issues as these are the actions that need to happen for them to have real meaning. The Tánaiste is right when he says that many families will be celebrating this weekend at Pride. It will, however, be empty unless they can see these actions will take place. It is a mundane part of the recognition for them. Perhaps the Tánaiste could ask the Minister for Employment Affairs and Social Protection, Deputy Regina Doherty, about Part 9 because it is her Department that will enact it. Will that happen along with Parts 2 and 3? It is vital that they all happen together because Parts 2 and 3 on their own will not do enough to deal with the issues that same-sex couples have. For this to mean more than just a celebration, we must see practical actions and I ask the Tánaiste to make sure that happens.

Comment on this
Simon Coveney The Tánaiste Fine Gael

Those are fair questions and I will come back to Deputy Pringle with a detailed answer because I do not want to give an off-the-cuff response to a detailed provision of a broader item of amending legislation. I will say directly to people listening outside of this House and to same-sex couples looking forward to having their family unit fully and properly recognised in law, that legislation is on the way. We will follow through on the expectations of same-sex couples and on the promises made. On the detailed provisions of the Bill, I would like to come back with a fully informed response, rather than giving a half-baked answer on the hoof. As I said, to the many people listening to the response to this question, any timelines that have delayed the implementation and the commencement of elements of this legislation are not because there is a policy problem with the Government. It is quite the opposite. It is clear that it is because we need to get this right legally and we need to be able to implement it in a timely manner.

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