Vol. 449 No. 1
10 Mr. O'Keeffe asked the Minister for Social Welfare his interpretation of the family in view of the Government's acceptance of the definition of the family given by the United Nations and the Irish Steering Committee of the 1994 International Year of the Family. [1171/95]
The United Nations General Assembly proclaimed 1994 as the International Year of the Family. The United Nations considered that the fundamental principle underlying the celebration of the international year is that the family constitutes the basic unit of society. In doing so, it focused on a broad definition of the family, as the basic unit of society in all its forms, whether they be traditional, biological, common law, extended or one-parent.
The technical definition used by the UN is as follows:
Any combination of two or more persons who are bound together by ties of mutual consent, birth and/or adoption or placement and who, together, assume responsibility for, inter alia, the care and maintenance of group members, the addition of new members through procreation or adoption, the socialisation of children, and the social control of members.
When launching the International Year of the Family in Ireland last year, my predecessor as Minister accepted that definition. This was in line with the views of the United Nations that, given the diverse forms and functions of families from one country to another and sometimes within national boundaries, it was essential that the International Year of the Family encompass and address the needs of all families.
Our Constitution describes the family as the "natural primary and fundamental unit group of society". (Article 41.1.1.) Additionally, the Constitution pledges to guard with special care the institution of marriage in which the family is founded and to protect it against attack.
However, there are thousands of Irish families which do not fit that concept. They consist of, for example, a lone mother or father and children or a cohabiting couple with children. So while the traditional family of breadwinner, spouse and children is still the most common, it is no longer the only family unit. These other family units cannot be left out in our understanding of what constitutes the family. It is an understanding of the family which goes beyound the traditional view to encompass a complex set of relationships and which reflects the living arrangements of many Irish families today. We need an understanding which accepts the term "family" as an all-embracing and all-inclusive one which covers a wide range of structures and functions and which recognises, supports and empowers families in their many diverse forms whether based on marriage or not.
Does the Minister agree that the rather cumbersome definition of family as set out in the UN Charter would be inconsistent with the traditional perception of family, as we know it in Ireland?
Will he confirm also that under the all embracing UN definition of family, any family form, regardless of the sexual leaning of its members, whose functions and values conform to the UN definition would be included?
Yes, I agree that it would. As I have said there are thousands of Irish families, as indeed is clear from the kinds of schemes we operate in the Department of Social Welfare, which do not fit the traditional idea of family. Irish society has moved far beyond what was thought to be the family unit when the Constitution was agreed in 1937. Much of the language in the Constitution is inimical to the rights of women where it is implied that the only role of a woman in Irish society is to bear children and rear them in the home. I do not believe there are many women in Irish society who accept this any longer. I hope the expert group being established by this Government to review the Constitution and the Dáil committee which will be established towards the end of the year to review the Constitution will address that aspect of it. It is not for me or anybody else to dictate what individuals may decide to do in relation to family arrangements or what the sexual inclinations or leanings of family members ought to be.
In the context of Article 41 of the Constitution does the Minister accept that marriage between homosexuals would be prohibited? Is it inconsistent for the Minister and the Government to accept the definition of family in the UN Charter?
No, I do not accept that. The UN definition is intended to encompass many different forms of family which are common in Ireland and other parts of the world. We are no longer a totally Catholic society, if we ever were. There are many people in our society with different religions or with no religion. It is not for us to dictate their family arrangements. As regards Article 41 of the Constitution, we know it prohibits divorce and remarriage in Ireland. I hope in the not too distant future we will have a referendum to change Article 41 and I hope it is successful.For too long we have allowed the ban on divorce and remarriage to blight the lives of thousands of citizens.
Does the Minister agree that homosexuals who marry should have the right to adopt children?
That question should be addressed to the Minister for Equality and Law Reform but there is no proposal to amend the adoption laws. I am not aware of any homosexual couples who want to adopt children. Not all homosexual couples need do so. Lesbian couples are biologically capable of having children in the normal way if they so wish.
The Minister's responses are aspirations as to what should be done to amend the Constitution.The UN Charter is not in accord with the Constitution. Does the Minister intend to review the acceptance of this definition as outlined in the UN Charter?
No. The Constitution establishes the basic law of the State. It precludes the Legislature from passing laws which would legalise anything which would contravene the Constitution.It does not preclude us from adopting policy positions in the interests of good Government.
