Joe Flaherty (Longford-Westmeath, Fianna Fail) | Oireachtas source

I support the Bill, the purpose of which is to amend Article 41.1.1°. The later Bill, which I also support, will delete Article 41.2 and replace it with a new Article 42B.

The Citizens' Assembly on Gender Equality published its final report in June 2021. It made a total of 45 recommendations across a range of topics. Arising from these deliberations, the Government has proposed amendments to Articles 41.1 and 41.2. The Taoiseach has announced the Government's intention to hold referendums to amend the Constitution as recommended by the Citizens' Assembly on Gender Equality and the special Joint Committee on Gender Equality.

I commend the work of the interdepartmental group that was established to assist in scoping and developing policy proposals for consideration by the Government. That group is chaired by the Department of Children, Equality, Disability, Integration and Youth and includes representatives from all Departments and from the Office of the Attorney General. It has met on a total of 15 occasions from March to November this year and has considered in great depth and detail each of the three recommendations outlined in the two referendums.

The Cabinet committee on social policy and public services met on six occasions to discuss the proposed referendums and considered detailed policy papers prepared by the interdepartmental group, IDG, and extensive legal advice provided by the Office of the Attorney General. The proposed amendments build on previous reforms to our Constitution, such as on children's rights and marriage equality, and reflect the continuation of our journey towards a more compassionate, inclusive and equal society. I am satisfied that the proposals have been developed through detailed consideration of the policy and legal implication.

Currently, the Constitution recognises that only the marital family is "the family". This referendum is intended to recognise and give constitutional status and protection to families beyond the marital family, including cohabiting couples and one-parent families. The special and unique status of marriage in the Constitution will not be altered by this. In order to do this, the Government proposes to amend Article 41.1.1 and to insert the words "whether founded on marriage or founded on other durable relationships". It also proposes to delete the words "on which the family is founded" from Article 41.3.1 to remove the link between the family and marriage in that provision. It will also remove the contentious term "women" from the section about home and recognising care. To this end, the Government proposes to insert a new Article 42B into the Constitution, which will recognise the value of family care. Effectively, this removes the contentious term "women" from the section on the home and recognises the value of care. The new Article 42B is intended to replace the existing Article 41.2, which provides for the place of women in the home, while still recognising the care family members provide to each another, both men and women. The amendment ensures that we maintain and elevate the importance of care for our society, enshrining it as a strict and explicit value in our Constitution, while ensuring we have a Constitution that reflects our modern world.

Extensive work has been in done in advance of the two referendums. I commend the Minister and Minister of State who are present on the work they have put into it. It is a key part of our programme for Government. It is important we deliver them within the lifetime of the Government. I will happily and enthusiastically support them.

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