Gender equality in the Constitution
O'Leary asked whether the Constitution should reflect women’s changed status and equality, rather than focus on less important changes. The Taoiseach accepted that changes may be needed but warned that constitutional amendments require careful drafting.
No-one is suggesting that for trivial reasons we should rush into changing the fundamental law. No-one is suggesting that the certainty of law should be displaced. There is no reference in the social clauses of the Constitution to the changed status of women in Irish society, and the equality between men and women which is now accepted on all sides. Would the Taoiseach agree that too often when it came to dealing with the Constitution, the House dealt with its less important aspects? This House has shown an inordinate interest in the method of election to the House. Would the Taoiseach agree that proportional representation has pre-occupied the House in relation to consideration of the Constitution. Would the Taoiseach agree that when we have reached the stage at which social legislation required in the House encounters difficulties in the courts — because of their interpretation of certain constitutional clauses — the case has already been made in the daily lives of people that the Constitution is in need of review? Is it not a fact also that the Taoiseach's predecessor accepted the need for this a long time ago? This is not to displace the certainty of law but there is a need now in the Republic to amend the Constitution in certain vital respects. Its effect on Northern Ireland is peripheral to this. Would the Taoiseach agree there is need now in the Republic?
Comment on this
I accept the principle that if there is need for the sake of our own affairs we should make those changes in relation to our own affairs. But I feel that there is in this House a somewhat over-simplistic view of the question of change in the Constitution. It is assumed that we can change the Constitution in such a way that will overcome difficulties. That is not so. In any particular instance the framing of a particular question which will have to be put to the people would require very careful thought. If we are to take out some particular Article of the present Constitution we have no certain guarantee that the Article we put in in its place will ultimately result in an improvement in the situation.