Results 6,901-6,920 of 9,252 for speaker:Jim O'Callaghan

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: I thank the Minister for his opening statement. I echo the Chairman's remarks. I have an open mind in respect of this issue, although I have an inclination towards deletion. Everyone agrees that the provision is inappropriate, outdated and sexist and that it needs to change. There is no dispute about that in this room. The issue is whether the provision should be changed through...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: The eighth amendment, when introduced in 1983, did create chaos in many respects in terms of its uncertainty and how it was interpreted by the courts but that should not make us nervous about amending any provision within our Constitution. It is clearly the case that the current article, Article 41.2, is legally meaningless. It has been referred to in cases but it does not constitute an...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: I will conclude and I share the Minister's concern. I would not like to see the creation of a new constitutional right forcing an obligation on the State to make payments. That is a matter for the Oireachtas to determine and I would not like to see the courts dictating to the State that sums of money should be paid. It should be viewed in the overall context of a social welfare budget. I...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: I thank the witnesses for their attendance. It is an interesting topic. I will start with the representatives from the Irish Human Rights and Equality Commission. They are definitive and believe it should not be deleted but rather amended. The National Women's Council has a slightly different view as of yet. On what the commission has suggested should be put into the Constitution, does...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: I do not criticise the commission for that. It would be unusual if a human rights body was not looking to advance socioeconomic rights. If that happens and it goes into the Constitution, we are then at large as to what can happen. The commission will want wording that is meaningful and that will give effect to rights it states people should have. Let us take the example of an 18 year old...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: The point about statutes is that a statute cannot limit a constitutional right. They can try to give effect to a constitutional right. I used the example of the 18 year old who looks after his or her sister from 2.30 p.m. to 7 p.m. every day because people can go to court when this right is put in there. While no statute would provide for it, the Constitution would say there is a...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: I fundamentally agree with Ms Logan on that but the problem with creating a constitutional right, as we have seen before, is that extends beyond what was sometimes intended. It is not as though this will always have positive consequences; it can also have negative consequences because the social welfare budget for other areas is then attacked and the State has limited money. I am sure many...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: But if in substance-----

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: The alternative view is that this is really a matter for elected representatives rather than have a High Court judge determine whether the extent of this constitutional right exists. I thank the witnesses. Have they read option 1 as put forward by the taskforce? I will read it out. It is purely symbolic. The proposal from the taskforce is that "the State recognises that home and family...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: But it would like something stronger.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: I would also like to ask Ms O'Connor and Ms O'Malley-Dunlop some questions. I thank them for coming in. I thought Ms O'Connor's point a very practical and important one. We can talk about a referendum but there will be a campaign and we as politicians have a responsibility to ensure that what we put forward is likely to win. I listened very carefully to what Ms O'Connor was saying about a...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: In her earlier statement Ms O'Connor said that "from our consultations there is no disagreement regarding the sexist language in Article 41.2. On this matter, everyone agrees. However once we move on from the sexist language and the positioning of women in the home, our discussions around Article 41.2 move quickly to complex choices and challenges." Does the National Women's Council favour...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: I cannot say what it is that we will do, but what if this committee were not to recommend that this go back out to public consultation? What if we were to say that the work had all been done at the Constitutional Convention and that we wanted to come to a definitive position? What if we were to recommend amendment? Does the National Women's Council think it should be amended to include an...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: I have some questions for Dr. Cahillane. The history of this is very interesting and what it really reveals is that the 1930s were, in many respects, a different time. I would like to ask about the definition of the family and how it is defined by the courts. Since then we have had jurisprudence on the definition of the family, obviously, and we have had the constitutional amendment. Does...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: Yes. My own view is that the option put forward by the Department in its taskforce, the purely symbolic one which replicates the language that is there at present except in a gender neutral way, would not really give rise to the court stating this gives an actionable right to individuals. Does Dr. Cahillane agree?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: Dr. Cahillane talked about an order preventing that from happening, and that people could be asked to move the right into Article 45. Does she agree the public might not necessarily understand the distinction between Article 45 rights and what is contained in Article 41 at present?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: Would Dr. Cahillane personally prefer deletion and amendment on a gender neutral basis that ensures it is still only of symbolic importance?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: Would Dr. Cahillane prefer deletion?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion (19 Sep 2018)

Jim O'Callaghan: I thank Dr. Cahillane.

Written Answers — Department of Education and Skills: Schools Building Projects Status (19 Sep 2018)

Jim O'Callaghan: 70. To ask the Minister for Education and Skills when a school (details supplied) will be able to move to its permanent location; and if he will make a statement on the matter. [37973/18]