Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I thank the Deputy for raising the issue. We have a constitutional framework and a legal framework that the Oireachtas has provided through a variety of laws. I will deal with the latter in a moment.

On the constitutional front, the term "durable relationships", as the Deputy correctly said at the outset of her contribution, is about including couples with or without children, single parents and their children and grandparents raising children. Some 42% of children born in 2022 were born to an unmarried couple. Therefore it is important that the Constitution reflects that reality. People are broadly supportive of that.

The Deputy asked where the protection is. The existing text of the Constitution provides guidance on determining whether a given relationship can be considered a family under the Constitution because the family is described as the "natural primary and fundamental unit group of Society, and...a moral institution possessing inalienable and imprescriptible rights". Article 41.1.2° goes on to observe that the family is "the necessary basis of social order and...indispensable to the welfare of the Nation and the State". That text remains unchanged under the proposed amendment, which ensures the constitutional protection and recognition that will be afforded to the family will not be extended to casual or transient relationships.

A huge body of law on welfare, taxation and family reunification already exists and rights and benefits are usually created by legislation. The Oireachtas and the Executive of the day have that function. Taxation obligations are set out in the Taxes Consolidation Act 1997 and related legislation. People's entitlement to social welfare are largely set out in the Social Welfare Consolidation Act 2005. Family reunification rights are set out in the International Protection Act 2015. The Deputy referred to the Succession Act. It was probably one of the great radical moves of the 20th century. Charles J. Haughey introduced it in 1965. It was described by international legal people as the end of feudalism in Ireland. It gave women the right to succession. That Act is still in place and still sustains. The proposed amendment on the family does not seek to repeal, alter or amend the rights or obligations that exist under these statutes. It is important we try not to confuse or muddle the issues. That is very clear. The amendment does not seek to do any of that. Equally, the Legislature will continue to retain its entitlements. The Deputy asked why the Oireachtas was not trusted. Every year, the Oireachtas is entitled to set rational social welfare, taxation and immigration policies in pursuit of the common good. We retain that right in this House.

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