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Seanad approves referendum legislation on family and care

Both bills were passed without votes today as fewer than five senators had opposed either (file pic)
Both bills were passed without votes today as fewer than five senators had opposed either (file pic)

The Seanad has approved the Government's referendum legislation on family and care.

As the Dáil has already approved the two bills, this completes their passage through the Oireachtas.

They will now be sent to President Michael D Higgins to sign.

Both bills were passed without votes today as fewer than five senators had opposed either.

This afternoon's debate got heated at times with senators trading barbs, and one accusation of lying being withdrawn after an intervention by Cathaoirleach Jerry Buttimer.

The 39th Amendment proposes to insert the words "whether founded on marriage or on other durable relationships" into Article 41.1.1 of the Constitution.

It would also delete "on which the Family is founded" from Article 41.3.1.

Senator Michael McDowell pointed to the legal requirement that a married parent leaving their family to start another must make provision for that original family.

He expressed his incomprehension and concern that this requirement does not apply to durable relationships.

Several senators criticised the lack of a definition of a durable relationship in the bill.

Mr McDowell said that this was "effectively handing over an essentially legislative power to the judiciary".

Independent Senator Lynn Ruane accused Mr McDowell of "creating this confusion or illusion" that protections for women would be removed if the amendments were passed.

Senator Lynn Ruane said some people delay divorce to avoid paying child maintenance

"The only one being removed is the one that tells them where their place is," she added. "I've seen lots of people just walk out of home."

Fine Gael Senator Mary Seery-Kearney agreed. She added that, in her professional experience, being married was no guarantee of legal protection when a relationship ends.

She also criticised the lack of a definition of durable relationships, saying: "We can't be casual about it. We need to interpret it with sensibility."

Minister for Children Roderic O'Gorman said that it is the Government's "clear intention" that durable relationship includes the parent-child bond.

He added that "powerful concepts" already in Article 40 act as "guard-rails" by de-limiting the definition of family to, among other things, an essential building block of society.

The 40th Amendment proposes to delete Article 41.2 and replace it with an Article 42B, which reads: "The State recognises that the provision of care, by members of a family to one another by reason of the bonds that exist among them, gives to society a support without which the common good cannot be achieved, and shall strive to support such provision."

Minister O'Gorman said that there was "a concern about the unintended consequences" of including community volunteers.

But he insisted that the bill "is a meaningful step forward".

Independent Senator Alice-Mary Higgins urged that a road map be drawn up to demonstrate exactly how support would be provided.

"It lacks generosity in going as far as it should," she said of the wording.

Voicing her support for the new wording, Green Party Senator Pauline O'Reilly emphasised the importance of removing sexist language from the Constitution.