Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank the Acting Chairperson and I also thank Senators for the detailed consideration that they have given the proposals set out in the Bill. The issues we are discussing here are not new. The need, as articulated by many, to amend Article 41.2 to remove the archaic language from that provision, has been discussed in many fora in Ireland through constitutional reviews and citizens' assemblies, and the need to take that action but, at the same time, recognising the value of care has also been acknowledged. That is why it is important that two changes are being proposed in terms of the removal of the language but also the introduction of that new onus and obligation on the State to support care.

Senators Hoey, Craughwell, Higgins and others discussed the idea that the State "shall strive". First, it is important to say that it is "shall strive" and, therefore, it is a mandatory obligation. It is a clear direction for the State to strive to support care. On the use of the word "strive", the signal is to make serious and sustained efforts to support family care. It is not just about trying, as Senator Craughwell indicated. It is a high level of obligation but it is a recognition that it is not something that can be achieved immediately. There is a progressive element to this and any politician who stands up and says every care issue can be solved just by one change to the Constitution is not telling people who rely on those services the truth. It is a recognition of that progressive element.

Different statements relating to the obligation were considered in bringing forward this legislation. It is the clear view of the Government that this is a higher standard than the term "endeavour to ensure", which is currently used in Article 41.2 and has not delivered anything for anybody, irrespective of one's view of the text of Article 41.2. It has not delivered € 1 or £1 into anyone's hand over the years. Inserting this new Article 42B into the Constitution places an onus on the State, the Oireachtas, this Government and future Governments to ensure that whatever supports for care are implemented comply with that new constitutional standard as set out in the article.

The issue of hierarchy has been raised in terms of the valuing of family care, and the risk of this being seen as diminishing the rights of others, particularly the rights and autonomy of people with a disability. It is very important to say that the word "care" has been used here. A lot of people have been saying we are elevating carers over others. The word "carer" is not stated in the new Article 42B. The word "care" is used. That has been chosen very deliberately to make it clear that we are committed to supporting family carers. That is part of the cohort who are supported by this but it also includes people living independent lives. There are two or more people in any care-based relationship, and using the word "care" rather than "carer" reflects the views of many disability advocates. The view that was expressed during the citizens' assembly process was that any measure that would suggest a hierarchy would be problematic. That is why that use of the term "care" is provided for rather than the term "carer".

I will speak to the points Senator Seery Kearney raised, and also those points Senator Clonan made in the previous debate. I always listen because we should listen to people who have lived experience in these areas. I very much understand Senator Clonan's lived experience with regard to his experience with his young son. What we are doing here, speaking to the area of disability specifically, is very much consistent with what we are seeking in Ireland's ratification of the UNCRPD, its assimilation of the obligations contained within that treaty, and obviously, in the context of what we are discussing here, Article 19 being particularly important with regard to independent living and living in the community. We are reflecting that in changes to the legislation. We had a very lengthy debate here last year on the assisted decision-making legislation, which recognised that change in the position of persons with a disability and the State stepping up with brand-new infrastructure, the Decision Support Service. I attended an event in Kilkenny this morning, SOS Kilkenny, with staff of the Decision Support Service, meeting people with intellectual disabilities, talking to them about how they were going to vindicate their rights and talking to their parents about how their now adult children will vindicate their rights under the new system.

What we are advancing here I see, and Government sees, as fully compliant with our UNCRPD obligations. The Government has been very clear in that it wants to ratify the optional protocol. I agree that we would like that to move swiftly. The passing of the assisted decision-making legislation was an important step in making Ireland UNCRPD-compliant.

It is also important to say that through the expressed obligation on the State to support family care, there is a recognition of the importance of the State investing in the wider infrastructure of care and the professional care services that provide supports to families to allow them undertake care. The care that we speak of in the new article is not located in the home; it is located in the family. That is relevant to the very important point Senator Sherlock made in that we need to examine the supports to the family for that young woman now and when her parents are deceased, to allow her remaining family to support her. We are not talking about the home; we are talking about the family. That understanding is important, and that is why the new Article 42B reflects a commitment to the progressive realisation of supports around a variety of key areas.

With regard to what the State striving to support care actually looks like, the question has been answered. I can give some examples of work that has taken place or is ongoing in this area. I am thinking about the work in my Department on care and cutting the cost of childcare for those parents who make a decision to use childcare. A very practical step there is the increase in pay we have been able to secure for workers in that sector. It is the first time that childcare workers have ever received a mandated pay increase through an employment regulation order. These are all steps that tangibly demonstrate the State supporting care. They are also steps directly coming from the citizens' assembly. They were two elements that the citizens' assembly clearly listed.

We also talked about the extension of leave for parents so both parents can spend more time with their newborn in those really important early days. Parental leave has gone from two weeks when this Government came to office to seven now. It will be nine weeks by the end of this year. I refer to the changes being made to the State pension system by the Minister for Social Protection, Deputy Humphreys, to enable caring work over many years to be taken into account in consideration of PRSI contributions. That new system is taking effect from this month. We also increased the carers' allowance and the income disregard for the allowance in this year's budget. I think of the increases made in my own Department to the foster care allowance, which is going up €75 this year. These are all tangible examples of increased support from this Government and future Governments.I always make this point because this is not an amendment that just applies to this Government, it will go forward. Whoever is in office this time next year will have to take account of it as well. I am running short of time.

I will speak on the tangible benefits and the work my Department, which now has responsibility for disability, is undertaking. The actions we are undertaking in the implementation of the disability action plan are central to the growth of an infrastructure of care through the funding of more PA hours and the provision of day services, etc, recognising that the individual needs of a person with a disability are very diverse. Our disability action plan recognises the full gamut of those needs and makes commitments on a long-term basis, recognising that the gulf is wide and we have a lot of catching up to do but sets out a clear plan to do that. The new national disability inclusion strategy is being discussed with DPOs, getting their input in compliance with our UNCRPD obligations.

To conclude - I thank the Acting Chairperson for her latitude - irrespective of people's views on the motivation behind Article 41.2, I and the Government believe that a constitutional provision that mandates duties for just one person - just for women in the home - does not meet the realities of care in Ireland today. We have this opportunity now to implement a provision in our Constitution that recognises that care is a role for everyone, for mams and dads, sons and daughters and brothers and sisters. Not only are we doing that, we are placing a clear legal obligation on the State that it shall seek to support that care. That is a tangible positive change for all involved in care. I commend the Bill to the House.