Updated 16:05
Fianna Fáil has blamed the Government for the delay to the planned Referendum on the woman’s place in the home.
It was originally thought that a referendum on a straight removal of the clause referring to the woman’s ‘life within the home’ would be held alongside the Presidential election on October 26th.
However, a number of human rights organisations have warned that the article should be replaced with a gender neutral clause recognising the importance of care workers.
This morning the Oireachtas Justice Committee agreed to begin a public discussion on the planned referendum – with pre-legislative scrutiny set to begin on September 19th.
As a result, there will not be enough time to consider and approve any legislation in time for an October vote.
'Life within the home'
Article 41.2 of the Constitution reads: “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 says.
In a letter to the Justice Minister this morning, Fianna Fáil justice spokesperson Jim O’Callaghan expressed his ‘strong support’ for a Referendum to remove the “anachronistic and sexist language” from the Constitution.
He noted however, that there are “conflicting views as to whether the constitutional provision should be deleted or amended” and warned that “it is important that this other argument be considered by the Oireachtas before we put the question out to the Irish people.”
'Government failure'
He blamed the delay to the referendum on the “failure of the Government” to table the legislation earlier this year.
He said his “personal preference” is for the article to be deleted – allowing the State’s responsibility towards parents and carers to be defined in legislation, “rather than potentially allowing the courts interpret what may be a vague and broadly defined constitutional provision.”
“Nonetheless, I recognise that there is another argument and I think it is important that this other argument be considered by the Oireachtas before we put the question out to the Irish people,” he said.
“If it is not considered in advance of the referendum, it will inevitably become a basis for people to oppose the referendum.
“It may have the effect of dividing the broad political support that exists at present - an outcome which I presume would not be the intention of the Government.”
File photo of Sinn Fein’s Mary Lou McDonald and Donnchadh Ó Laoghaire at Leinster House, 11-04-2017. Image: Leah Farrell/RollingNews
Gender neutral
Earlier Sinn Féin justice spokesperson Donnchadh Ó Laoghaire said the article “should be replaced with a gender neutral provision giving recognition to care work.”
“Sinn Féin are in agreement that the language of Article 41.2 as it currently stands has no place in our constitution as it is archaic and sexist in nature,” he said.
"But we must also acknowledge that we need to put the right question to the people.
"Care, and care work, is an essential component in our everyday lives, and is of immense value to us as individuals and to the common good.”
Straightforward
Earlier the Justice Minister Charlie Flanagan said he was disappointed with the delay.
“The Constitution doesn’t seek to define the place of men,” he said. “I believe it should not seek to define the place of women.”
“To me, this is a straightforward proposition and after many decades of inaction, the time has come for the people to exercise a view on the retention or removal of the Article."
Yesterday, the National Women’s Council of Ireland (NWCI) called for the proposal to undergo a public discussion – through a forum like a Citizens Assembly or Constitutional Convention – before going to the people.
The organisation said a national conversation would provide an opportunity to discuss a range of issues – including parental leave, affordable childcare and a universal pension system.
