Oireachtas Joint and Select Committees

Wednesday, 26 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 (Resumed)

9:00 am

Mrs. Justice Catherine McGuinness:

I do not know that I should add anything. I take the point being made about the removal of one phrase and leaving nothing in its stead. That is a point which the Oireachtas will have to consider carefully because it seems valid to me. With regard to what Deputy Ó Laoghaire said, one can phrase something in such a way that it might imply that the State should be giving financial support without making it so directive that it would go outside the usual constitutional framework. Many things in the Constitution imply expenditure, such as the article that refers to providing for education. One has to bear in mind the difference between providing education and providing for education, which has been a constitutional question. The wording could be adjusted in such a way that it would not be outside a normal framework of constitutional wording but we should not be too scared about implying that the State would have to spend some money.

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