Article 41.2 and past cases
Deputy McNamara asked about confidential settlements in cases against the State relating to Article 41.2 and whether more protection could be secured. The Taoiseach said he was not familiar with the cases but would look into it, while stressing the constitutional change was mainly to recognise care.
One of the reasons put forward for replacing Article 41.2 of the Constitution is that it offers very little by way of concrete legal protection to women, as evidenced by the lack of reported cases where it was cited. I have learned, however, that cases have been taken against the State and that those cases were settled with confidentiality clauses in place in order to prevent them becoming a precedent. I do not know how many cases there were. There may have been very few or there may have been many. I do not know; that is within the Government's means of knowledge. In order to make sure we have accuracy during the debate on this matter, will the Taoiseach ask the Attorney General's office and the Department of Social Protection, which, I believe, was involved in some instances, how many such cases exist? That might inform how strong or weak the legal protection is.
Comment on this
I am not familiar with those cases or how many there were but I will certainly look into it. I know there are cases that were litigated and it was found the existing article did offer very little protection to women in the home. The main purpose, however, of the change we are making is to recognise care in our Constitution. At the moment, care is not recognised. The duty of women in the home is recognised in our Constitution but carers, male and female, within the family do not have recognition and do not have protection. Regardless of the answer to the question in that regard, it is still going to be a positive change because we are extending a gender-specific right that only applies to women in the home to carers who are male or female within the wider family, and that will require the Government to strive to support them.
Comment on this
But you will get an answer to the question.