Press Release


Oireachtas Committee Report is Confused and Confusing

The Report of the All Party Oireachtas Committee on the Constitution baldly states that as a result of their decision unmarried heterosexual couples, lone parents and lesbian and gay couples will not “not have specific constitutional protection for their family life”.

“This will result in a huge divide being created in Irish society, between families protected by the Constitution and those with limited or no protection” says Keith O’Malley, Chief Executive of GLEN ~ Gay and Lesbian Equality Network.

“Regarding the legal recognition of same sex relationships, the report is very confused and confusing” says Keith O’Malley. “On the one hand it states that there is no clarity on the definition of marriage in the Constitution, on the other hand it states categorically that a referendum is necessary for same sex couples to have equal access to civil marriage”.

“We have greater confidence in the Irish Constitution than what is reflected in this report of the All Party Oireachtas Committee - and greater trust in the Judiciary to uphold its equality provisions” says Keith O’Malley.

“Another worrying aspect is that instead of seeking to bridge the equality gap that exists in Ireland between heterosexual couples and homosexual couples the Committee is proposing that the gap be further widened by recommending that same sex couples be excluded from any presumptive scheme introduced”.

“The Committee recommends the introduction of a presumptive scheme along the lines of what the Law Reform Commission proposed”, says Keith O’Malley, “but for some unexplained reason they suggest that lesbian and gay couples should not be afforded protection under such a scheme as proposed by the Law Reform Commission”.

“GLEN welcomes the conclusions of a minority of the committee and their view that legal opinion is already calling for the need to give Article 41 of the Constitution “a contemporary interpretation”, continues Keith O’Malley, “This represents a more hopeful approach, properly in tune with Ireland of today. It is an example of legislators providing positive leadership to build a more inclusive and equitable society”.

“GLEN also supports the report’s recommendation that civil partnership should be provided for same sex couples in order to resolve many of the urgent problems that exist. These include parenting, rights of children growing up in same sex parented families, immigration/residency and next of kin matters”.


For further information please contact Eoin Collins 087-9273341 or 01 4730563 or Keith O’Malley at 01 4730563.