Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I thank the Minister for his opening statement. I echo the Chairman's remarks. I have an open mind in respect of this issue, although I have an inclination towards deletion. Everyone agrees that the provision is inappropriate, outdated and sexist and that it needs to change. There is no dispute about that in this room. The issue is whether the provision should be changed through amendment or deleted. I note the Minister's point about gender equality. It is extremely important but I would not like the message to go out, or people to think that, the Constitution does not value, protect and apply gender equality. The provision in Article 40.1, which has been interpreted many times by the courts, is meaningful and guarantees equality based on gender. It is important that people do not get the impression that the Constitution does not protect gender equality; it does. Many cases have been heard by the courts in which they have recognised that Article 40.1 is a guarantee of gender equality. However, I note the point the Minister makes in respect of this anachronistic provision.

The task force, in option 1, put forward a wording which would not create a new right that could be interpreted by the courts but which would still give symbolic non-gender based recognition to the work that is done within the home with the State recognising that home and family life gives to society a support without which the common good cannot be achieved. What was the Minister's reason for rejecting this proposal and deciding to go along with the deletion proposal? He mentioned that he believes it is a safer option. The wording set out in option 1 does not open up the possibility that the courts could determine that the people have created a new constitutional right giving rise to financial support to be paid by the State.