LGBT RIGHTS

So what are the Irish government doing about this?

Equality and anti-discrimination legislation has improved circumstances for lesbian, gay and bisexual individuals in Irish society. However, the government has not yet managed to introduce any form of legislation that recognises or protects same-sex relationships.

In the terms of the Good Friday or Belfast Agreement of 1998, the government contracted to ensure that “an equivalent level of protection of human rights” would be available on both sides of the boarder in Ireland. But although the UK’s Civil Partnerships Bill came into law in 2005 the Irish government have not introduced any such equivalent legislation.

In November 2007, the current government voted down a Civil Union Bill claiming it was ‘unconstitutional’ (This argument is misleading and untrue. See ‘Why gay civil marriage?) and that gay people deserved more comprehensive legislation that would be more secure and better-thought out. The latter argument would have excited gay citizens of Ireland if it were not for their announcements that appeared that day.

In the Dail the government promised to begin drafting legislation that would allow same-sex couples legal recognition. The only details they provided were the fact that the future bill would focus on the general rights of co-habitees, such as siblings and friends who lived together over a long period, and would not necessarily be specific to gay couples. To date, there is still no certainty as to what exactly the government is promising and little information has been forthcoming through them. However, the following information has been stated by members of the ruling parties - Fianna Fáil and the Greens – or reported in the national media:

  • Before the summer of 2008, the government will publish a heads of bill proposing new legislation relating to same-sex relationships. A heads of bill is the first of five stages necessary in bringing a new bill into legislation; they are bullet points for discussion, not promises or definite laws. The bill will probably refer to same-sex unions as ‘civil partnership’ or ‘domestic partnership’ to distinguish it from the civil union debates of 2007.
  • This bill will not focus just on same-sex couples but will also cover non-sexual relationships such as those of siblings or friends living together. In place of elevating same-sex relationships to a status equal with heterosexual relationships, it appears they will be demoted and placed on the same tier as brothers and sisters or friends who co-habit. Senator David Norris has called the upcoming bill the equivalent of a ‘dog licence’ for gay people and an insult to gay relationships throughout Ireland. In reality these relationship groupings represent entirely different circumstances and require separate treatment. There are currently rumblings that perhaps the government may be realising this and may now legislate for gay couples separately. We must wait and see.
  • The government remain tight-lipped as to the full range of issues to be covered. In November 2007 various media reported that this new legislation would most likely cover inheritance rights, health benefits, pension benefits, protection of family home and power of attorney. The Sunday Tribune reported it may also cover the right to adopt children. This remains unclear.
  • It is not believed the bill will propose any legislation concerning immigration rights for partners from outside the EU, the recognition of gay families, same-sex parenting rights or the rights of the child with same-sex parents.
  • In January 2008 the media reported same-sex marriages, unions and civil partnerships of other countries would be automatically recognised in Ireland with certain conditions under the new legislation. Same-sex marriage is considered very unlikely. The Green Party openly state they view marriage as a human right and wish to achieve same-sex marriage in Ireland: “To relegate same-sex couples to some inferior marriage-like institution is to deny them their human rights, their dignity and their rights as citizens of this State.” As part of the ruling government one can hope their stance will influence legislation.

As further information is released over the coming weeks and months, these points will be amended.

Currently, the outlook remains uncertain and somewhat bleak in terms of the introduction of equal rights for same-sex couples. Current promises do not represent any form of improvement on the civil union legislation voted down last year; they appear to fall even further short of equality. The Irish Constitution declares that all citizens in Ireland shall “as human persons, be held equal before the law” (Article 40). It is time for the gay community and the straight friends, families and colleagues of gay people to vocalise their discontent about the current situation and demand full equality for gay Irish citizens. (See What can you do about this?)