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TWO REFERENDUMS ON gender equality and the family are expected to take place next year, the Government has confirmed.
The division of the referendums, as first reported by The Journal in August, would see voters asked if they want to remove the reference to women’s ‘place in the home’ in the Constitution, in favour of more gender neutral language.
A separate referendum, likely to be held on the same day, will relate to the definition of the family, which the Constitution currently says is based on marriage.
The exact wording of the referendums has not yet been decided. The long-awaited votes were initially due to take place this November but were delayed.
The Citizens’ Assembly on Gender Equality, which published its final report in June 2021, made a number of recommendations on these issues.
The assembly called for Article 41.2 – which recognises a woman’s “life within the home” – to be removed from the Constitution and replaced with “language that is not gender specific and obliges the State to take reasonable measures to support care within the home and wider community”.
The group also called for Article 41.2 – which refers to the family – to be amended so that it “would protect private and family life, with the protection afforded to the family not limited to the marital family”.
The Electoral Commission previously said that once the proposed wording of the referendums is published at least four months will be needed to sufficiently inform the public about the votes.
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Speaking to Newstalk today, Ivana Bacik, Labour leader and chairperson of the Oireachtas Committee on Gender Equality, criticised the delay in holding the referendums.
“We on the committee produced a clear wording to be put to the people with cross-party support that every member of the committee signed up to and we put it to Government last December.
“We were promised that by the end of the summer term – that is back in July – we would see the Government’s own version of the wording or whether they approved ours or not,” Bacik said.
A coalition of non-governmental organisations wrote to Taoiseach Leo Varadkar last month calling on him to publish the proposed wording.
In the open letter, Family Carers Ireland, One Family, the National Women’s Council, Siptu and Treoir (the national federation of services for unmarried parents and their families) said that without knowing the exact wording, it will be “increasingly difficult to build a civil society response”.
Legislative Programme
Details about the proposed referendums are included in the Government’s Autumn Legislative Programme which was published today.
The document identifies 51 priority bills for progression in the upcoming Dáil session.
Having received approval from the Government this morning, Chief Whip Minister Hildegarde Naughton confirmed that 27 bills will now be prioritised for publication and 24 bills for drafting.
Highlighting some of the proposed bills, Naughton said a number of legislative changes related to housing “will benefit renters and those who want to own their own home”.
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“To help renters, we will publish the Residential Tenancies (Right to Purchase) Bill 2023 which will give renters the first right of refusal to purchase a property when it is put on the market for sale.
“Separately, the Minister for Housing will publish the Planning and Development Bill providing much needed clarity to the current planning code in addition to the Land Value Sharing Bill which will allow the State to secure a proportion of the uplift in land values resulting from zoning and designation to facilitate provision of infrastructure,” she said.
Naughton, who is also Minister of State in the Department of Health, noted that the Government will also progress legislation to support people in starting a family through the Health (Assisted Human Reproduction) Bill, and change the statute books to ban children from purchasing vapes.
A number of other health bills will also be drafted and published in the coming session including publication of a bill to provide for an exemption of Rent a Room income from the medical card assessment process.
Drafting will also be prioritised for the Mental Health Bill to update and replace the Mental Health Act 2001 to give effect to recommendations of an Expert Group Review on mental health legislation.
“Separately, work will progress on the establishment of a statutory Just Transition Commission which is a key element of Ireland’s transformation to a low-carbon country.
“The Minister for the Department of Environment, Climate and Communications will also continue drafting the Heat Bill which will establish a regulatory model for district heating to capture waste heat and redirect it towards homes and businesses,” Naughten said.
The Department of Justice is also set to published a number of bills including the Defamation Bill; the Domestic, Sexual and Gender Based Violence Agency Bill; and the Garda Síochána (Powers) Bill.
The Department of Children, Equality, Disability, Integration and Youth will publish separate bills that will ban conversion therapy practices in Ireland and guarantee entitlement to maternity leave for members of the Oireachtas.
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I think we should include whether the people want another 14 TD piglets added to the already expensive taxpayers trough in the dail……although I dont think ud need a vote on how people feel about that at this stage
@Tom Newell: those 14 TDs will cost the state a maximum of €2.3m per year (salary and allowances). It’s a lot of money, but a relatively small fraction of the ~€150m yearly budget for the Oireachtas. I won’t convince you that by far most TDs are motivated by public service and enacting change, not for self-enrichment (if you think being a TD is an easy way to get rich, you’re deluded). But consider that having more TDs is not only beneficial to representation and lightening workloads for TDs, but can also makes it harder for lobbyists to push through their vested interests. One reason why the US Congress is such a “swamp” is because the US has one of the lowest representative:population ratios. Lobbyists can petition fairly few representatives to get their vested interests across the line. As a consequence US Congress is less popular than paedophiles if latests polls are to believed.
@Luka Roche: 3 TD’s per constituency would effectively mean entrenchment of mainstream parties at the cost of any new blood. It is bad for proportional representation without some corrective method. It could be done if a corrective method is introduced. In the Nordic countries these come in the form of Levelling Seats: seats that are offered to parties who have a lower % in the chamber than the % they received in the national vote. This ensures that the proportions in the chamber are reflective of the proportions in the national vote. Something for Ireland to consider, even without setting a TD limit.
@Kevin McCormick: that’s the same misplaced argument that was used during the marriage equality debate. For something to be constitutionally protracted it needs a referendum. Otherwise any future government can make laws regarding it at will.
The Constitution does not mention women’s ‘place in the home’ as indicated in the article. The English text of Article 41.2 of the Constitution states that “In particular, 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.”
But, according to the Official Languages Act 2003 the first (and official) language of Ireland is Irish.
The original Irish text of Bunreacht na hÉireann Airteagal 41.2: “Go sonrach, admhaíonn an stát go dtugann an bhean don stát, trína saol sa teaghlach, cúnamhnach bhféadfaí leas an phobail a ghnóthú dá éagmais.”
The word “teachlagh” translates to English as family.
Women’s ‘place in the home’ is a misrepresentation of the original text an meaning of the document; this referendum is completely unnecessary. Why is this agenda being pushed as a priority above other far more pressing issues?
@Dancey McDonagh: Interestingly, the Article also states that: “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.” (again, the original Irish text uses the word “teachlach” which was subsequently misrepresented in the English transalation).
Does it seem that the government (or any Irish government since the foundation of the state) has lived up to its constitutional responsibility to its citizens?
A referendum designed to devide and conquer. Its an issue they hope to become decisive. Easy to throw relevant issues on a docket for referendum but no.
@Joe Doe: How would it be divisive? The constitution was written for a different era, and the referendums are to update it to our era. We no longer live in a time of the woman’s place is in the home and so on.
How about a referendum on whether we agree with the govt spending E6- BN. per annum (8 percent of annual budget funding NGOs )
As a taxpayer I’d like to be asked
I predict that (1) the referendums will serve as a rallying point for the far right, who will bitterly oppose any change and tell us that women are being abolished; (2) they will pass comfortably.
@Brendan O’Brien: Here you go again Brendan, spokesperson for the Government! Brendan do you consider everyone who disagrees with the Government as far right?
@Brendan O’Brien: I’ll interpret your reluctance to answer the simple question as meaning you don’t understand what the far right is or how it relates to this topic.
They will probably show how true democracy works in Ireland,as in how they treated the first referenda vote in the Nice<and Lisbon treaties.I could also think of a much better subject to hold a referendum on,but if i was to say the unmentionable on here ,my comment would be deleted and of course i would be branded that word that is thrown about with ease
The far right would do far better if everything wasn’t a conspiracy. Pick one topic and run with it. From what’s a woman to Ukraine to Biden to COVID. Me head is sore.
@Brendan O’Brien: I disagree Brendan; I don’t believe “we all know what the far right is”. You like to throw this term around as a slur, even when commenting on topics that are not in any way connected to left or right politics, let alone far fringe elements of either.
Why don’t you go ahead and tell us, what do YOU understand it to mean?
@derm: please enlighten us with your comment….you are aware that there are people out there who may agree with one thing and not the other….but in your head you think you’re justified to tar them all with the one brush and use the extremely overused and unoriginal “ far right” slur…give me strength,
@Dancey McDonagh:We don’t really have a far right in Ireland, maybe 1% but we do label people totally wrong on this island, people throw our far right,far left,right or left,the reality is we are a centre country.
Outside of marriage is now to be considered a family? if the Euthanasia logic is assumed, and we adopt the new order wanting humans put down in the same way as animals (mercy killing), why not ensure that animals are protected as being officially family members too. After all, if a man is now a woman and a woman can be whatever it wants, my cat is fully entitled to be considered more than just pussy. Plus if we do find alien life and they come to Ireland, I will adopt one as family too. Equality should see my alien join the local FFG Cumann so they can represent us in the Dáil.
I get that it’s great to have a democratic process and give the people the final say but seriously will anyone except complete trolls or the furthest of far right loo-lahs vote to keep the woman’s place is in the home part in the constitution? It’s almost too stupid a question to bother asking. When you add up the time, resources and cost is there no way of just passing or changing this stuff? To be honest it’s kind of embarrassing to even have this kind of referendum with all the international coverage it will inevitably attract.
@EMcD: I’m far right in the new sense of the word…..I disagree with our Government ! ( as most comments on here who are in support of our current governments decisions) like to call everyone
@Graham Light: That’s not what I was suggesting. I was referring to specific cases like this where there is no hope of it not passing. So essentially it’s more performative than functional putting it to the people. Some things in society are taken as a given and should in any enlightened society be taken as universal. There is an argument that these type of rights are so fundamental no one should have a say in them anyway. Like murder. Yes we could do a big poll but who on earth is going to suggest that it’s undemocratic to not let the people have their say? It’s so obviously wrong there is no need to take a vote. Extreme example I know but do we really need to a ‘hands up’ for treating women like full human beings at this stage?
@EMcD: The language suggests that a woman’s place is in the home and the bedrock a functioning society. It doesn’t mention a ‘person’ who takes on these duties which would be fine. ‘All language is pregnant with ideology’ and this is a clear example of it. Surely you can see this is full of sexist assumption and something we’ve thankfully moved past?
1. In particular, 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.
2. 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.
@SerotoninWars:as I said, I’m sticking with it, I’m a college graduate with a career and a mother, nothing in the constitution ever hindered me, so if it ain’t broke….
But it’s nice to have a perfectly normal discussion with you about it, unfortunately lacking so much in our society today. “ I may not agree with what you have to say, but will defend to the death your right to say it”
@EMcD: Fair enough. It’s a bit of tidying of symbology and messaging that I think would be a positive, but I do get that fundamentally it probably hasn’t prevented many in recent times from pursuing their goals. These things can be good to nail down though as they represent us and makes our values official.
The fact it isn’t a direct roadblock to women pursuing their dreams, and is something that will pass with flying colours is why I was wondering about the necessity of spending so much money on it. But I do agree that formal democratic process is important. It just feels a bit pointless in this case, on such a non-contentious issue. I don’t think even the most sexist of people would be able to put forward any sort of resonant argument at this stage.
I agree, much better to discuss than go down the usual name calling and confrontational route! Far too much of that. Have a nice evening :)
Family, after trolling the internet, the standard acceptable definition of the word :-
“Family: A family is a group of two or more persons related by birth, marriage, or adoption who live together; all such related persons are considered as members of one family”
Are our TD experts going to bend the meaning and try to come up with something “politically correct” but meaning nothing. Everyone knows what a real family is. Enough of this word rubbish in our society. Let’s get on with life and love, true humanity and not puppet vote seeking politicians.
taking part in a referendum should be the right of everyone who’s legally/permanent resident in the country. all those people who live and pay taxes here but have no irish passport are excluded from such important decisions. disgraceful.
@no no no: ah, now I wonder what party you belong too…..nothing like trying to get support from elsewhere , when you know the majority of the Irish public want to vote you out.
A large number of people could come and settle here from a country or countries with very conservative and religious beliefs.
Their vote could very well put us back into a no abortion, censorious, theocratic hellhole.
And then a lot of those people might even return to their native countries leaving us with the mess.
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