Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

When I look around my local area, and even when I look around this Chamber, I can see clearly that the family of 1937, when the Constitution was originally written, has changed and that the Ireland of 1937 is no more. We have come a really long way in those recent years. Our small island has become increasingly more tolerant and more welcoming of all sexualities, gender identities and family structures. We are better at celebrating one another and better at acknowledging when we are wrong and when we need to change. Our Constitution has undergone recent changes to include children's rights and marriage equality, showing our progress towards a fairer and kinder society. We have introduced abortion legislation to stop young and vulnerable women from having to travel abroad for terminations. We have legalised same-sex marriage, recognising the equality of commitment and love of LGBTQI families. We have introduced the Child and Family Relationships Bill, which expanded pathways to parentage of donor-conceived children. Just this week, we got the assisted human reproduction Bill changes approved by Cabinet to safeguard surrogacy rights.

This is a really important debate and shows how far we have come from a political standpoint and a societal standpoint. It shows our dedication to a modern Ireland, an Ireland that is equal, caring and inclusive, and I absolutely welcome that.

Today, we will also debate the fortieth amendment to the Constitution to change the status of women in the home. This debate and the later debate and these referendums are fundamental stepping stones to making sure Ireland remains welcoming and progressive and that it evolves.

I have heard many people ask whether this referendum is rushed. I come at it from the other angle: I wonder why it has taken so long. For the past 30 years, since the constitutional review of 1996, there have been many suggestions and many requests to remove outdated, stereotypical language. International organisations have also urged Ireland to do exactly that. The UN, in its 2017 concluding observations on Ireland under the Convention on the Elimination of All Forms of Discrimination against Women; the Citizens' Assembly on Gender Equality; and the special Oireachtas Joint Committee on Gender Equality all recommended referendums. Updating our language follows the recommendations of those expert groups.

In 2010, Mr. Justice Hogan stated in the High Court:

The fact that marriage was (and, of course, is) regarded as the bedrock of the family contemplated by the Constitution does not mean that other close relatives could not, at least under certain circumstances, come within the scope of Article 41.

That was 14 years ago. The family is the core issue of this debate and this referendum. By updating the Constitution's language, we are rejecting the unfair treatment single parents, unmarried couples and others have experienced in the past. Back then, they were made to feel excluded from society, and that is not in line with the modern reality in Ireland.

The thirty-ninth amendment to the Constitution proposes to amend Article 41.1.1° by inserting the words "whether founded on marriage or on other durable relationships" and to remove the words "in which the Family is founded" from Article 41.3.1°. For too long our legal framework has narrowly defined the family as an entity based solely on the institution of marriage and religion. As recent CSO figures show, however, the realities of family life in our modern society are far more diverse and far more complex. The latest CSO statistics show us that our population is growing and diversifying and that the number of families has increased by 59% in the past 30 years. There are over 1 million families in Ireland today.

This represents an increase of more than 60,000 since 2016. Families are getting smaller. Almost 220,000 family households are headed by one parent. That includes 33,509 families in which the father is the single parent. The number of same-sex couples has increased to 10,393, which is up 72% since 2016 and a whopping 157% since 2011. There are 1,853 children living in a household with same-sex couples, which is up 86% since 2016. That is modern Ireland and that needs to be reflected in our Constitution. The proposed amendment to Article 41.1.1° is a necessary step towards inclusivity and the recognition of diversity in Ireland.

By deleting the words "on which the Family is founded", the Government is showing the importance of family life does not solely hinge on marriage. By inserting the words "whether founded on marriage or on other durable relationships", we are acknowledging that families are not just bound by marriage. They are bound by loving mothers, loving fathers and loving parents. These referendums are a powerful message from Ireland, because if they pass, which we cannot take for granted, we will be among the first countries to recognise the value of family care in our nation's founding document. For families that lack clarity and legal recognition, this will have a big impact. It signifies our understanding that families are the bedrock of our society and deserving of equal respect and protection irrespective of how they are constituted.

I would like to congratulate the Government and the Department on the work they have done to prepare for the referendum on this matter. The main purpose of the Bill is to update our Constitution in order that it matches our values of equality for the important role that both men and women have in an all areas of public and private life and, ultimately, to keep pace with a changing Ireland. I am delighted that there is cross-party support for this and I look forward to canvassing for a "Yes" vote in the referendum in March.

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