Catherine Connolly (Galway West, Independent) | Oireachtas source

We will come back to that. It is worth looking at the word "durable" and the issues raised by the Supreme Court. Ms Justice Baker stated, in respect of that term, that the relationship be one which has continued for some time. Again, that is very vague language. She went on to say it is one in which the parties are committed, which is slightly better, with an intent that the commitment continues. I could have an intent that I am going to continue my relationship, but I might change that intent tomorrow. The judgment goes into all of that.

Paragraph 75 states that duration, therefore, is an important factor but not always an essential one and that durability is not measured only, or even always, by durability. The court states that should the proposal to amend the Constitution be approved by the people, it would be for the Legislature and the courts to decide. I am quoting selectively and the judgment relates to a different context, but I want to illustrate that the word "durable" will lead to serious difficulties in interpretation.

I welcome the change to the definition of family and that we are broadening the concept of what a family means because that is the most basic thing we might do in a republic in the 21st century. What does it encompass? Does it encompass single mothers? The Minister is nodding, but I have looked at enough case law to know about interpretations of law. I am no expert, but I have read enough to know that different words lead to different interpretations. The restrictive definition of the family in the Constitution has led to lots of judgments I disagree with, one of which has already been mentioned, namely, an adoption case involving An Bord Uchtála, where a very strict interpretation was given to the term "family".

It is too late to say we should stop the ridiculous timeline of 8 March on International Women's Day. I am on the Minister's side and I agree with him that the Constitution should be changed. I agree that the definition should be broadened. I have difficulty with the word "durable". I would appeal to the Minister to allow sufficient time for that issue to be teased out, including the implications, bearing in mind the court cases on the interpretation of legislation.

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