Oireachtas Joint and Select Committees

Wednesday, 19 September 2018

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion

9:00 am

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

I will conclude and I share the Minister's concern. I would not like to see the creation of a new constitutional right forcing an obligation on the State to make payments. That is a matter for the Oireachtas to determine and I would not like to see the courts dictating to the State that sums of money should be paid. It should be viewed in the overall context of a social welfare budget. I agree with the Minister that I would not like to see any new constitutional right created. The matter should be dealt with in the Oireachtas. However, we should not be too negative about symbolism in the Constitution. Sometimes symbolism is important in politics. As of yet I have not heard a very strong reason as to why an amended symbolic clause could not be inserted into the Constitution. Fearfulness of doing it because the courts may interpret it in a different way is an overblown reason, particularly if we are just going to amend the Constitution in accordance with the first option outlined by the task force.

These are my general views and I have an open mind on it. With all due respect, we sort of know the view of the Minister and it will be interesting to hear what other people have to say on whether symbolism is important.

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