Mick Barry (Cork North Central, Solidarity) | Oireachtas source

The "State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved." "The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home." It is widely believed by historians that Article 41 of the Constitution was written by the Catholic archbishop, John McQuaid. The deletion of the woman-in-the-home clause has long been a demand of progressives in Irish society, starting with the Irish Women Workers' Union which demanded its deletion from the get-go in 1937. It is incredible that it has taken Fianna Fáil and Fine Gael nearly nine decades to catch up with progressive opinion and act. I welcome the proposal to delete the clause.

The defeat of the Irish revolution gave way to a counter-revolution which made this State a cold place for women, girls and the oppressed in our society. De Valera's State and McQuaid's church copper-fastened that and wrote blatant sexism into the Constitution, but what the Government is proposing to replace that with is disgraceful. It is the following:

The State recognises that the provision of care, by members of a family ... by reason of the bonds that exist among them, gives to Society a support without which the common good cannot be achieved, and shall strive to support such provision.

As for the word "strive", that is not a commitment. It is nowhere near to a commitment. As for the phrase "gives to Society", what about "gives to the State"? That is the term the citizens' assembly wanted in the Constitution, with 81% of members in favour and 19% against. That is what the Oireachtas committee wanted to have in it but the Government has rowed back on that. What a major row-back it is. It is a major row-back because a commitment, and referencing a debt owed by the State, would mean a legal obligation.

That legal obligation would open the door to improved carer's allowance, improved foster care allowance, provision of better childcare and provision of better services for the elderly, people with disabilities and many others. The Minister of State and the Government do not want to go there. They want to keep that door well and truly locked and want to keep arrangements neoliberal rather than having rights for people.

This State's failure to provide care hits women very hard. Women in Ireland perform on average 38.2 hours unpaid care per week. That is 16 hours a week more than the average for a woman, for example, in Denmark. While childcare in Germany averages 1% of a woman's median income, here it is 35.7%. The median annual income of a woman worker is nearly €7,000 a year less than the median income of a man.

The Nevin Economic Research Institute says that women clearly are more likely to work part time because that is the only way that they can make all commitments fit. There are only so many hours in the day. The amendment falls well short of what is needed. Shame on Fianna Fáil and Fine Gael and great shame on the Green Party. I would like to see a bill of rights and if we had a bill of rights in the society, there would be a special place for care. One cannot have a genuine society without care. It should not be treated in the fashion that it is but should be given a special place within a bill of rights providing rights for parents, free childcare, improved maternity and paternity leave and improved rights for carers, people with disabilities and others. I want to see and we need - where the talk is of amending the Constitution - a new constitution. We need a secular, socialist constitution with a full separation of church and State. I want to see a greatly improved amendment for this referendum. That change will need to happen at the committee in the new year.

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