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Government to hold referendum on woman's 'life within the home'

The Citizens' Assembly recommended last year that Article 41.2 of the Constitution - the so-called "women's place in the home clause" - be deleted and replaced
The Citizens' Assembly recommended last year that Article 41.2 of the Constitution - the so-called "women's place in the home clause" - be deleted and replaced

Taoiseach Micheál Martin has confirmed that the Government will hold a referendum on Article 41.2 of the Constitution which refers to women's "life within the home".

He told the Oireachtas Committee on Gender Equality that the area was complex.

"I know the specific proposals are being considered by Minister O'Gorman at present and all the various complexities notwithstanding, this Government is committed to holding a referendum on Article 41.2 on Bunreacht na hÉireann."

The committee is considering the report of the Citizens' Assembly on Gender Equality which recommended three Constitutional changes including that Article 41.2 "should be deleted 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".

Committee chair and Labour leader Ivana Bacik said she welcomed the Taoiseach's commitment but pointed out that the committee has already recommended that the referendum should be held in 2023.

Mr Martin said he was anxious to progress the referendum, but he said he was reluctant to give a specific timeline given the complexity of the issue.

He said his preference was to achieve consensus around a possible wording and he indicated that the proposal to be put to a vote would not be simple deletion of Article 41.2 but that it would be amended to "embrace care".

"I believe the people are ahead of the politicians and the political system. I think societal change has already happened and I would believe, I might be wrong, that a referendum would pass but you can't take it for granted and you have to work at it".

He said political consensus on a wording was essential, and he suggested that either the Committee concluded on a wording or he said its work could inform a sharp time-bound group to look at it.

Committee Members will issue a final report in early December.

Later in response to questioning from Independent Senator Alice Mary Higgins, the Taoiseach said the Government could hold referendums on all three constitutional changes recommended by the Citizens' Assembly.

The group also suggested that Article 40.1 of the Constitution should be amended to refer explicitly to gender equality and non-discrimination and that Article 41 should be amended so that it would protect private and family life, with the protection afforded to the family not limited to the marital family.

Ms Higgins said the definition of the family as one based on marriage had "a very real impact" given that 25% of all families in Ireland are single parent households.

"So that's 25% of all our families who are not recognised by the Constitution as families."

She said the committee had heard very detailed testimony from witnesses about the impact of that on identity and also on social protection policy.

Mr Martin said he believed that the family was a very broad concept, and the Government was committed to dealing with all three changes.