Dáil debates

Thursday, 10 October 2013

Second Report of the Convention on the Constitution: Statements

 

11:40 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

Thank you. I was not told what the time limit was. I am happy to extend the time of the debate so that colleagues who want to contribute may do so.

It also heard the experiences of a number of serving politicians and words of wisdom and guidance from a number of international experts.

A further initiative is the amendment to the Electoral (Amendment) (Political Funding) Act in 2012 which requires political parties to include a quota of 30% women candidates at the next general election, rising to 40% at the following general election. Failure on the part of a political party to comply with this legislative provision will lead to a cut in State funding to parties.

Furthermore, a working group, chaired by the Minister of State at the Department of Justice and Equality, Deputy Kathleen Lynch, is considering the matters in the context of the national women's strategy. The working group has been specifically addressing the advancement of women in leadership roles, including in politics, management, on boards and in the diplomatic and judicial systems. Its report will be completed shortly.

A wide-ranging positive action programme will start later this year on women and leadership, which is being generously supported over two years by the European Social Fund PROGRESS initiative. The reiteration in the programme for Government that all State boards have at least 40% of each gender was backed up further in April 2011 when the Government decided that future vacancies on State boards would be advertised on the website of the relevant Department. I assure the House that the Government is fully committed to this ongoing work which, as I said, is linked to the aims in the programme for Government.

I mentioned that the Convention on the Constitution voted on two further issues, which I will now comment on. The first was a recommendation, based on a majority of 62% of convention members that: "the Constitution should be amended to include an explicit provision on gender equality." Although the proposal has merit, and has links with the clauses in the UN Convention on the Elimination of All Forms of Discrimination against Women, it requires further examination. The Government has therefore asked the Department of Justice and Equality to initiate a review, in consultation with other Departments and the Office of the Attorney General as appropriate, with a view to bringing a reasoned response back to Government by 31 October 2014.

Although there are complexities in formulating an appropriate constitutional amendment along the lines of that proposed by the Constitutional Convention, central to the convention's recommendation is the achievement of gender equality and giving equal recognition and importance to the role played by men and women in the home. Whilst Article 41.2, in its original conception in 1937, was perceived as providing a form of constitutional protection for women, it not only failed to achieve that objective but became widely understood as exhorting women to remain in the home and discouraging them from engaging in the workforce. It was part of the philosophy that resulted in women in the public service being required to give up their employment upon marriage. The article also failed to provide any substantive benefit to women in the home or to extend to them any constitutional protections when they exclusively assumed home duties. This was starkly illustrated in a Supreme Court decision delivered in 1993 in a case entitled "In the matter of Article 26 of the Constitution and in the matter of The Matrimonial Home Bill, 1993" in which a Bill, the objective of which was to confer an automatic joint ownership interest in the family home on wives, was held to be unconstitutional as violating the property rights of husbands.

We are now in a new era with a greater and better understanding of the roles of both men and women within the home and in the wider community and of the equality of rights and obligations of both men and women. In drafting a new constitutional amendment it is crucial that we provide for a form of wording that reflects today's understandings in the context of today's Ireland and that it is a form of wording that has widespread public support. It also must be a form of wording that does not have unintended consequences and does not impose financial obligations on the State which would ultimately fall on taxpayers and which we cannot afford.

Whatever wording is ultimately adopted will apply, of course, to all citizens in the State and to all who reside in the State, to both long-standing communities and to our new communities. In this context it is appropriate to acknowledge the role being played by the new immigrant communities in the State, which include the many thousands who have joyously attended and participated in the many citizenship ceremonies held over the past two years. These communities come from many different states and embrace many different cultures and, in each of the ceremonies held, they have been encouraged to remain in touch with their own cultures whilst also embracing the culture of this State, its democratic values and to participate fully in their local communities.

In the context of what we are discussing it is, of course, important that full participation extends to all men and women, and the road we are now travelling will be of relevance to all. It is, of course, central to the equality agenda that all men and all women have equal opportunities and the freedom to avail of those opportunities.

Including gender-inclusive language is the final issue I wish to address in the context of the Convention on the Constitution's proposals. A further issue on which the convention voted was whether the text of the Constitution should be amended to include gender-inclusive language. This motion attracted an overwhelming "Yes" vote, with 89% of the members voting to accept the proposal. The Government has considered this supplementary recommendation and notes the views of the convention and an earlier and similar view expressed by the UN CEDAW committee.

The Government is of the view that this proposal needs further consideration, not least because, if implemented, it may require extensive textual amendments to the Constitution. Accordingly, the Government has tasked the Department of Justice and Equality with undertaking a preliminary feasibility-scoping study before it considers the recommendation further. While the recommendations of the Convention on the Constitution are not at variance with the Government's thinking, its recommendations raise a number of complex matters which require further clarification and examination.

The European Union's economic policy strongly emphasises the need to increase female labour market participation further and has set an employment target of 75% for men and women across the EU by 2020. Due to our economic downturn, the Irish target is lower, but if it is to be achieved, it is essential that female labour market participation increases significantly in the coming years. The EU's gender equality policy places considerable emphasis on the sharing by men and women - fathers and mothers - of the caring responsibilities within the family, be it child care or elder care. Its policies also favour the advancement of women into decision-making roles in management and politics and on corporate and decision-making boards.

To address fully the complexities of the modern economic world, we need to exploit fully the decision-making skills of both men and women. We know from an emerging body of research that collaborative decision-making - decision-making based on the collective use of male and female thinking - is the most successful decision-making. I have mentioned the work being carried out in my Department to advance this goal fully in Ireland.

The Minister of State, Deputy Kathleen Lynch, and I hosted a conference during our Presidency on the issues of women's economic engagement and work as decision-makers and on the EU's economic policy. We heard convincing arguments from the OECD, the European Commission, the European Parliament and a range of academics and senior managers of the economic case to support gender equality and the imperative to increase women's labour market participation to foster Europe's economic growth and competitiveness. We have a summary clip on our website, www.genderequality.ie, and will be publishing a report on the conference on the same website within a fortnight. This conference offers a clear statement of how the role of women has changed across Europe and, indeed, in Ireland. As a result, we need to ensure our Constitution adequately reflects the many roles which women play in Irish society. While we take these positive steps towards gender equality, I look forward to an Ireland of the future where these discussions will be viewed retrospectively with a sense of incredulity that they were ever necessary, the same sense of incredulity which today greets descriptions of the marriage bar which formerly required women to resign their positions in the public service.

By way of conclusion, I thank the Convention on the Constitution for its constructive approach in its work on the issues relating to gender equality, in particular with regard to Article 41.2. I am promising to work through the wording issues and matters raised by the convention which require further detailed consideration within a year. I am very happy to hear the views of Members of this House on the specifics of how we proceed constructively in addressing these matters. In the interim, I can give the House the Government's tacit commitment to implement the key recommendation and to enhance further the role of women in our society. I conclude by thanking the Opposition for extending to me the extra time necessary to address these issues adequately.

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