Civil recognition for gay couples on the cards

LEGISLATIVE changes to give civil recognition to same-sex couples could be on the way, Justice Minister Michael McDowell has signalled.

Mr McDowell was reacting to a new report from the Irish Human Rights Commission (IHRC) warning the Government that Ireland could be breaching international human rights legislation by failing to make provisions for same-sex and cohabiting couples.

The IHRC yesterday published a report by Judy Walsh and Fergus Ryan entitled The Rights of de facto Couples which claims that amendments are needed to Irish law in order to meet international standards.

IHRC president Maurice Manning said: “The report concludes that there is a compelling case to be made for the State to provide some formal level of legal recognition to same-sex partners.”

Launching the report, Mr McDowell said he believed Irish society had changed to the point where there was a consensus that same-sex couples needed to be given civil recognition.

He said he had spoken to Church leaders about the issue and expressed hope that any Government proposals for changes to the law would be acceptable to the Catholic hierarchy.

He believes people have moved on from conservative positions of the past to now feeling that same-sex couples were entitled to be treated as equals.

The report highlights how Ireland has experienced significant growth in recent decades in the diversity of family types outside the traditional norm. It is estimated that there are over 80,000 cohabiting couples in the Republic, of which around 30,000 have one or more children.

It also argues that Ireland’s failure to introduce a civil partnership scheme for same-sex couples, similar to the scheme which operates in the North, could mean the State is not fulfilling its obligations under the Good Friday Agreement.

Ms Walsh said Irish law still confined many rights, obligations, privileges and immunities to couples who are legally married.

Addressing the possibility that the State was breaching the human rights of same-sex and cohabiting couples, Mr McDowell said international law gave countries latitude to arrive at a suitable solution.

However, the Gay and Lesbian Equality Network expressed disappointment that the report failed to come out in favour of civil marriage as a human right.

A departmental working group is due to report to the minister in October.