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Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

Article 41.2 wording

Summary

Micheál Martin asked about replacing Article 41.2 with new constitutional wording. The Taoiseach said Cabinet and the Attorney General must first consider it, but legislation could follow next year if consensus and legal advice are favourable.

As the Taoiseach knows, the Joint Committee on Justice and Equality concluded pre-legislative scrutiny on the reference to a woman's place in the home in Article 41.2 of Bunreacht na hÉireann. The committee's report was published last week and contains two options. The first option would replace Article 41.2 with the following wording:

The State recognises that home and family life gives to society a support without which the common good cannot be achieved. The State shall endeavour to support persons caring for others within the home as may be determined by law.

This wording is in line with the previous recommendation of the task force set up in the Taoiseach's Department in 2016. The second option recommended postponing any referendum on the matter until the Government formally consulted with the public perhaps through the Citizens' Assembly. Given the deliberations of the joint committee, will the Taoiseach confirm that the Government will bring forward legislation seeking to amend the Constitution in line with the recommendations contained within the first option of the committee’s report?

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Leo Varadkar The Taoiseach Fine Gael

We have not had an opportunity to discuss this at Cabinet yet but the purpose of referring this to the joint committee was to see if there could be a political consensus on a new wording. If we can have that consensus, or if the consensus is secured, and provided the Attorney General's advice is favourable on the implications and interpretations of any new wording we put into our Constitution, that would enable us to legislate in the first quarter of next year before a referendum using the wording the Deputy quoted. It requires consideration by the Attorney General and by Cabinet first.

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