Dáil debates

Thursday, 13 May 2021

Ceisteanna ó Cheannairí - Leaders' Questions

 

12:10 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank Deputy Kelly for sharing that story. Often, it is only when we look at individual and real life examples that we understand how our policies and laws affect people and, sometimes, how they must change. I express my condolences to John, his family and the wider community in Nenagh.

If I understand what Deputy Kelly said correctly, John does not qualify for the widower's pension, which is a social insurance based payment, because it only applies to people who are married. They were not married. As every Member knows, the Constitution can only be changed by referendum. While laws can be changed, they cannot be changed retrospectively. However, having heard about this example, I will ask the Minister for Social Protection, Deputy Humphreys, to examine the social protection law and see if, in the future, there could be changes for people who are long-term cohabitants. I do not believe that would be unconstitutional. It would be possible to examine and consider that, and I will ask her to do it.

As regards change in the Constitution, the Government has received the recommendations of the Citizens' Assembly on gender equality. As Taoiseach, I established the Citizens' Assembly in the aftermath of the referendum on the eighth amendment. I am very impressed with the report it produced. As is normal after a Citizens' Assembly makes its recommendations, they are considered by both the Government and the Oireachtas. We will want to do that in the near future. As far as I am concerned, the definition of family in Bunreacht na hÉireann, the 1937 Constitution, is out of date. It is based on a traditional, more Christian or Catholic view of a family, which is not wrong. It is a man and a woman, although that was changed to allow two men and two women. However, it is based on two married people, as it were, with children. That is what constitutes a family under the Constitution. If that were ever true, we all know it is not true any more. There are many different forms of families in our society, and there is great diversity in what family means. I believe we should update, modernise and change that definition. As is always the case with a constitutional reform, we will have to do some work on what it should be redefined as, because that is never as straightforward as it may seem. That would require a proper consultation with the Oireachtas.

I do not know what the plan is with regard to the Citizens' Assembly report. With other reports, we set up a dedicated committee to examine the recommendations. Perhaps we should do that, but that is not for me to call here today.

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