Expansion of definition of the family set to be proposed in second March referendum

The Government is likely to propose expanding the definition of the family beyond the marital family in a second referendum planned for early March.

It will be held on the same day — likely March 8th — as the referendum on deleting the references in the Constitution to a woman’s place in the home.

Though there are significant misgivings about the proposal within Government, with several senior figures unconvinced on the issue, Taoiseach Leo Varadkar confirmed to the Dáil today that he will propose two separate referendums on amending the Constitution.

Government spokespeople declined to release the proposed wording until the plan is approved by the Cabinet, expected to happen next week. Legislation will then be brought to the Oireachtas either later this year or early next year to allow for two referendums on March 8th.

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A Government spokesman said that wording had been agreed by the Cabinet committee, but not yet by the Cabinet. Another spokesman first disputed that there was any agreement on a second referendum before later correcting this.

The Irish Times reported earlier today that a Cabinet committee had agreed the plan yesterday to propose a referendum to delete the constitutional articles that refer to a woman’s role in the home and to replace them with wording that recognises the value of care provided in the home.

Today Government spokespeople confirmed that it is also planned to amend the articles that refer to the family being founded on marriage in order to broaden the constitutional definition of the family.

However, several spokespeople declined to share the proposed wording, with one citing the concerns of NGOs and lobby groups, some of which are worried that the proposed changes will not go as far as they expect.

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Earlier today, the Taoiseach told the Dáil: “The wording will go to Cabinet next week. Subject to being approved by Cabinet next week, it will be published and Minister O’Gorman and others will have the opportunity then to go through the wording.

“Changing the Constitution is never straightforward, you always have to bear in mind how it might be interpreted by the courts.

“I’ve a strong view that laws should be made here in the Oireachtas, and decisions on how people’s money should be spent should be made here in the Oireachtas, so we always have to take that into account in making any changes to the Constitution.

“Like I say, the wording will be brought to Cabinet by Minister O’Gorman next Tuesday. Subject to approval by Cabinet, we’ll be able to share it with everyone on Tuesday and then discuss it further from there.”

The Taoiseach’s reference to the Oireachtas deciding on how money is spent is thought to be a reference to the decision not to grant any legally enforceable rights to carers.

So while the new article is expected to recognise the work of carers and to oblige the State to “strive to support such provision”, it will not create any new legal rights, it is understood.

Meanwhile, Labour Party leader Ivana Bacik has said she is concerned that the Government’s referendum to delete the references in the Constitution to women’s role in the home will not go far enough.

Ms Bacik welcomed the fact that, after months of delay, the Government has announced March 8th 2024 – International Woman’s Day – as the polling day.

The referendum will propose to repeal the articles which recognise the role of women in the whole and substitute by modernising the definition of family, and also the role of carers in society.

However, the Labour leader said she was “very concerned” at reports that the wording being proposed will be more restrictive than that recommended by the Citizens’ Assembly, which examined this Constitutional provision, or indeed by the Oireachtas subcommittee on gender equality, which subsequently looked at the issue.

“The (Oireachtas) committee recommended not only the deletion of the sexist language related to women and mothers but also recommended an inclusive definition of care that care would be valued both in and outside the home.

“We are hearing reports that that will not be included in the referendum text. I’m calling on the Government to give clarity on that.”

Ms Bacik also expressed concern about the definition of family in Article 41. She said both the Citizens’ Assembly and the Oireachtas committee had recommended a more inclusive definition of family beyond that based on marriage.

“We are not seeing confirmation from the Government yet that this is going to be put to the people next March.”

She instanced the case of a father of three who was denied benefits from the State after his partner died, because they were not married.

“We do need to see a more inclusive definition of family,” she said. Ms Bacik was speaking outside Leinster House on Tuesday.

The Cabinet has approved the legislation that will provide for the Referendum. It proposes the insertion into the Constitution of a recognition of family carers as well as an aspiration that the State should “strive to support the provision of care” in the home.