Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I thank the Minister. On a similar note, I must say that some of the media commentary a few weeks ago and the contents of the Minister's statement today are based on a straw man argument. An argument has been built up in order to be dismissed but it is not an argument that anyone is, in fact, making. The Minister said that the issue of gender equality appeared to be pushed aside almost immediately by an alternative consideration and concentration on the matter of care, caring and carers. He argued that while the issue of caring is really important, the fact that many commentators did not consider women's equality sufficiently important to debate is telling. He said this suggests that women's issues remain of secondary importance and that there is still some reluctance to accord gender equality the importance it deserves in our public discourse. Does the Minister honestly believe that is the view of the National Women's Council, the Irish Human Rights and Equality Commission or even of this committee? I do not believe the Minister believes that. The Minister tried to construct this argument for public consumption, even though he knows it is absolute nonsense.

The article is dated and there is an overwhelming consensus that it does not belong in the Constitution. There is a live, open and reasoned debate on whether it is better to delete the article or to replace it with another provision. I would say that a lot of people are in the same position as Deputy O'Callaghan. They are trying to weigh up both propositions. I would like to see the article replaced by a provision that values care but which is gender neutral. I will listen to the arguments in favour of a simple deletion and the legal implications of same but it is perfectly reasonable for this committee to engage with this properly and to listen to all of the arguments being made on the issue. I take on board the point made with regard to the eighth amendment but a lot of it comes down to the wording that is selected. Indeed, at the time many in the legal profession argued that the provision that was put forward was, in itself, something of a contradiction and was deeply flawed from a legal point of view. It is a question of how right or wrong we get it, technically and with a good wording that has been given proper consideration and is legally tight, there is no reason to be fearful of unintended consequences. It is just a matter of doing the job correctly and scrutinising any proposal that is made.

I would like to see a new provision inserted that recognises the value of care and is gender neutral. There is a role for some element of symbolism in the Constitution but having said that, while there are many positive elements in the Constitution, we have been too reluctant to consider positive social and economic rights. In fact, the one strong positive social and economic right in the Constitution has served us well. The right to primary education has been applied judiciously and with care by the courts.

There has been a reasonable and sensible application of that provision. It has meant that parents and families have been able to assert their children's rights to education. I am thinking particularly of cases that were taken in respect of special education in the 1990s and 2000s. I think there is a role for that. I am open to considering whether there is value in a new constitutional provision. We will consider the various proposals that are advanced. I think I understand the arguments that are being made in favour of a simple deletion. I think this issue is worthy of our full consideration. I look forward to hearing some of the more specific proposals that might be made by certain organisations.