Clare Daly (Dublin Fingal, Independent)
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244. To ask the Tánaiste and Minister for Justice and Equality the reason for the proposal to hold a referendum to delete Article 41.2 of the Constitution ignoring the recommendation of the Convention on the Constitution that a referendum on Article 41.2 should be held to replace the present article with one that values the role of care work by persons of all genders. [31956/18]

David Stanton (Cork East, Fine Gael)
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The Convention on the Constitution, in its Second Report which was published on 8 May 2013, recommended the amendment of Article 41.2 by making it gender-neutral to include carers in the home and carers beyond the home and that the State should be required to provide a “reasonable level of support” to ensure that carers shall not be obliged by economic necessity to engage in labour.

On 5 July, the Government decided that the question to be put to the people in the forthcoming referendum on Article 41.2 will be simple deletion of the provision. Consideration was given to the Report of the Convention on the Constitution and to other reports on the subject. The Government's conclusion was that inserting new language into the Constitution could have unpredictable legal consequences and that it was not possible to devise an amendment relating to care work that would encompass the diversity of care work undertaken by persons of all genders. However, there is a need for a wider consultation on the issue of care and the next Citizens’ Assembly will be asked to consider the matter.