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 Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

I have a brief supplementary question. I am not a lawyer. That is an important health warning in this regard. Deputy O'Callaghan was alluding to the fact that if a replacement was inserted into the Constitution, the law would be open to legal tests of the role of carers. We probably must try to land on a definition of care. The nature of caring and carers is very different from the position when this article first appeared in the Constitution. It is not a question of guarding against legal tests. Why not put that to the test? That would be my view. However, if we are going to define care constitutionally, we need to have a clear definition and understanding of what care is and who carers actually are politically, societally and culturally. This is a fundamental starting point as we move forward.

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