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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]

Written Answers — Department of Justice and Equality: Garda Data (19 Sep 2018)

Jim O'Callaghan: 74. To ask the Tánaiste and Minister for Justice and Equality the number of community gardaí in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37951/18]

Written Answers — Department of Justice and Equality: Garda Reserve (19 Sep 2018)

Jim O'Callaghan: 75. To ask the Tánaiste and Minister for Justice and Equality the number of Garda reserves in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37952/18]

Written Answers — Department of Justice and Equality: Garda Reserve (19 Sep 2018)

Jim O'Callaghan: 76. To ask the Tánaiste and Minister for Justice and Equality the number of Garda reserves who claimed the allowance of €1,000 which is only payable to reservists who complete a minimum of 208 hours annually in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37953/18]

Written Answers — Department of Justice and Equality: Garda Youth Diversion Projects (19 Sep 2018)

Jim O'Callaghan: 77. To ask the Tánaiste and Minister for Justice and Equality when it is expected the committee appointed to monitor the effectiveness of the diversion programme will present its annual report for 2017; and if he will make a statement on the matter. [37954/18]

Written Answers — Department of Justice and Equality: Garda Youth Diversion Projects (19 Sep 2018)

Jim O'Callaghan: 78. To ask the Tánaiste and Minister for Justice and Equality the funding provided by his Department to Garda youth diversion projects in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37955/18]

Written Answers — Department of Justice and Equality: Garda Deployment (19 Sep 2018)

Jim O'Callaghan: 79. To ask the Tánaiste and Minister for Justice and Equality the number of full-time staff in the Garda youth diversion programme in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37956/18]

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