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)
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The eighth amendment, when introduced in 1983, did create chaos in many respects in terms of its uncertainty and how it was interpreted by the courts but that should not make us nervous about amending any provision within our Constitution.

It is clearly the case that the current article, Article 41.2, is legally meaningless. It has been referred to in cases but it does not constitute an enforceable constitutional right for women or men who believe they are being discriminated against because their work in the home is not being recognised.

With regard to the wording in the taskforce's first option, I do not see any basis upon which a court would turn around and say that the people have voted to give a new constitutional right and it simply converts Article 41.2 wording from a gender-specific terminology to a gender-neutral terminology. My own view is towards deletion but I can understand why people may think we should give and maintain some symbolic recognition for work done within the home and for family life. Aside from the concern about the eighth amendment and the potential impact a new clause may have, is there any other reason for rejecting the first option?