Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I should explain to all our guests that a number of us must come in and out of the meeting for various reasons and no disrespect is meant. I apologise as I will have to do that in a moment.

I feel at a disadvantage in this session as I have not read the Minister's script. I read everybody else's but we did not get the Minister's speech before the meeting started at 9 a.m. I have had to make notes, which puts us at a bit of a disadvantage. It struck me while listening to the Minister that there seemed to be a contradiction in some of the comments. On the one hand he made the point strongly that this should be excluded entirely and it was an issue of gender equality, so we should not conflate it with caring as that in itself was patronising to women. He argued that this implies that women are just carers and that although they are not the sole carers, women do the bulk of the work. He argued that we would be defining it in that sense so it should not be in the Constitution. However, he then said he would look at a body that could discuss the matter later if we took out the article now. Perhaps I did not hear that correctly.

The Minister seemed to be saying on the one hand, repeal simpliciternow but on the other, that he would set up something else to look at caring. His justification for the repeal simpliciternow argument was that he did not think caring should be in the Constitution. That is what I heard although I may be wrong and would like to hear more on that.

I am struck by how every organisation and body that examined this issue prior to now recommended replacement. I do not think we should be wasting time here. Everybody knows it is sexist and outdated and that it is going to go. The question is whether it just goes or whether we put something else in. I am not sure what the problem is because the point the Minister makes about the courts having to interpret the matter applies to everything. We might as well not have a Constitution then or else we should abolish the courts and the Oireachtas can just legislate for everything. We have a separation of powers here and it generally works. The courts generally get it right. I do not see how that argument really stacks up. I have an open mind and while symbolism is important, I would like to see something that is more than just symbolic. Unlike Deputy O'Callaghan, I do not have a problem with that. The right to free education, for example, is the same type of thing, as far as I am concerned. Does it mean that everybody gets free education?No, not as such. Does it mean that everybody gets their education of choice? No, but the provision does enable some people to access educational supports that they would not get otherwise. The volume of unpaid labour and the economic value of that labour to the State by those who work in the home and as carers should be recognised. If there is an economic cost, I do not have a problem with that in the Constitution. I invite the Minister to comment on that. I have an open mind although I am erring on the side of replacement because I would like to see something in the Constitution.