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Dáil Éireann debate -
Thursday, 10 Oct 2013

Vol. 816 No. 3

Second Report of the Convention on the Constitution: Statements

I am pleased to present the Government's response to recommendations of the Second Report of the Convention on the Constitution. The Government welcomes this second report. We continue to be encouraged by the engagement of the participants in the process. This was evidenced again in the most recent meeting of the convention, which took place two weeks ago and at which the question of whether to give citizens residing outside the State the right to vote in presidential elections at Irish embassies was discussed.

As Deputies will know, the Convention on the Constitution was previously tasked with considering and making recommendations as it sees fit on the questions of whether to amend the constitutional clause on the role of women in the home, how to encourage greater participation by women in public life and how to increase the participation of women in politics. This is the subject matter of the second report, which we are discussing this morning.

The establishment of the Convention on the Constitution was approved by resolution of the Houses of the Oireachtas in July 2012. The resolution establishing the convention requires the Government to provide its response to each recommendation of the convention within four months. If the Government proposes to accept the recommendation, it is required to indicate the timeframe it envisages for the holding of any related referendum. Due to the summer vacation, this is the first opportunity I have had to report on behalf of the Government to the House in relation to the report we received in May and on which a reply was due while the House was in recess.

The commitments in the programme for Government in respect of these two issues reflect the fact that Ireland has changed significantly since the Constitution was adopted in 1937. While women have always played a central role in the family, over 975,000 women are now also active in the labour market. Over 500,000 of these women have children and therefore have additional caring responsibilities. A further significant number of adults, both men and women, have caring responsibilities for older parents and other adult dependents.

We know from research that we need to encourage greater sharing of family responsibilities among the partners in the family unit. Indeed, this is a stated goal of European Union gender equality policy. EU economic policy encourages member states to take all necessary steps to increase the labour market participation of women. The female population across Europe, and indeed in Ireland, has achieved higher standards of education than their male counterparts. Ireland is to the forefront at EU level in respect of the number of female graduates. We must ensure these women have every opportunity to advance their careers, while sharing with their partners the caring role for their families.

The programme for Government includes specific recommendations to advance the role of women in public and political life, as well as a commitment to examine the language in the Constitution. The Government is actively implementing the national women's strategy. Although it pre­dated our tenure in office, the strategy affords a clear vision to equalise socioeconomic opportunity for women, ensure the well-being of women and engage women as equal, effective active citizens.

The implementation of this cross-departmental strategy, which contains more than 20 objectives and 200 actions, is overseen by my Department. We have already seen many positive developments for the betterment of the lives of women in Ireland, including the narrowing of some key gaps in gender equality, particularly in relation to employment and health care. We are also seeing better cross-departmental and cross-agency co­ordination of services to address violence against women and human trafficking.

I will now turn to the recommendations in the convention's second report and give the Government's response to each of them. As I have mentioned, the convention was tasked to deal with two specific issues in its deliberations. Those deliberations led to votes on two additional propositions; namely the possible incorporation of gender equality as a principle in the Constitution and the possible amendment of its text to include gender-sensitive language.

I will turn first to the original issue of the language on "women in the home" in our Constitution. This language has been examined critically on a number of occasions over the past 20 years, including by the Second Commission on the Status of Women in 1992, the Constitution Review Group in 1996, the All-Party Oireachtas Committee on the Constitution in 2006 and the UN committee which oversees the implementation of the UN Convention on the Elimination of all Forms of Discrimination against Women, which was adopted in 1979 and which Ireland ratified in 1985.

While the Convention on the Constitution did not offer an alternative text in its report, a majority of its members favoured changing the clause to make it gender-neutral and recommended that it should include references to "other carers in the home" and "to include carers beyond the home". On a continuum, a majority of participants at the convention also recommended that the State should offer a "reasonable level of support" to ensure that those to whom the newly constructed amendment should apply "shall not be obliged by economic necessity to engage in labour".

The Government accepts the first recommendation of the report in relation to the need to amend the language in Article 41.2 of the Constitution on the role of women in the home.

Government is mindful that a number of wordings have been proposed previously and commits to examine the proposals and other options to find the most appropriate wording to present in a forthcoming referendum. Full account will be taken of the comments of the convention, including those on carers.

The inclusion of a reference by the convention to the issue of carers is the reason why it is not possible to offer a more specific timeframe for a referendum to take on board the overarching recommendation at this time. Extensive consultations will be necessary, including with Government colleagues and their officials, on the new elements and the appropriate choice of language for incorporation into the Constitution. I am establishing a task force in my Department to look at the issues, collaborating with other Departments and the Office of the Attorney General as necessary, with a view to completing the task and reporting back to Government by 31 October 2014.

The second issue examined by the Convention on the Constitution was the encouragement of greater participation by women in public life and increasing their participation in politics. The convention report advises that the question of a constitutional provision for this purpose was narrowly defeated but that a significant majority of convention members recommended more government action in this area.

Both the treaties of the European Union and the CEDAW convention, the Committee on the Elimination of Discrimination against Women, allow for temporary special measures to address deficits in gender equality. The Government accepts the recommendation of the convention that the Constitution should not be amended to address the role of women in political and public life. However, we are also aware that, despite some 40 years of equality legislation in Ireland, women are still significantly underrepresented in political life, in senior management and corporate governance roles. In all those fields, women's representational levels in Ireland are both below the EU average and the majority of other EU member states. In the published average data, which excluded Croatia, Ireland is ranked 24th out of 27 member states in relation to women's representation in the Lower House of Parliament.

On corporate boards, for which the Commission is currently proposing specific actions, we rank among the poorest in terms of female representation, at just over 8% for membership of the boards of top stock exchange companies. The EU average is close to 15% and the proposed EU target is 40% by 2020. However, we have as I mentioned a very well educated female work force. We know that women's representation on State boards is better at 34% but it has flat lined at that level for the past five or six years.

I remind the House that the programme for Government includes a commitment to increase the role of women in political life and in decision making. As Minister for Justice and Equality, I welcome the appointment by the Government, over the past two and a half years, of talented and skilled women to top positions, many in the area of law and justice, including our Attorney General, Máire Whelan; Chief Justice Susan Denham; the President of our District Court, Judge Rosemary Horgan; our Director of Public Prosecutions, Claire Loftus; and Deputy Garda Commissioner Noirín O'Sullivan.

Over the past two and a half years, 40% of appointments made to the Judiciary have been women and 60% have been men. On Wednesday next, two members of the High Court, Judges Mary Laffoy and Elizabeth Dunne, whose appointments have already been announced, will become judges of the Supreme Court. By this day week, there will have been four appointments by this Government to the Supreme Court of two men and two women, a gender balance of 50:50. It is also important to state that each appointment has been made on merit. The Government has sought to ensure that gender is not some subconscious invisible barrier which gets in the way of, or prevents, the appointment of talented and skilled women to important public positions and positions of leadership. At the time of my appointment as Minister for Justice and Equality and Minister for Defence, I believed it was important that we achieved a better gender balance in the courts. Huge progress has been made and at leadership level there is now complete gender equality in that two of our top judges, the President of the District Court and the Chief Justice, are women and two, the Presidents of the Circuit and High Court, are men.

A number of important initiatives have been completed or are ongoing and these will be built on throughout the life of this Government. Those include the all-party conference on women and politics hosted by my colleague, Minister of State at the Department of Justice and Equality, Deputy Kathleen Lynch, on 30 January 2012. The event attracted more than 300 participants and fostered greater awareness of the issue and the challenges for political parties and the public. The conference heard from the political and administrative leaders of all the main political parties, including the Taoiseach, the Tánaiste and Deputies Martin and Mary Lou McDonald, together with the chairperson of the Green Party.

The Minister's time is up. Is the House agreed to allow the Minister some additional time? Agreed.

Thank you. I was not told what the time limit was. I am happy to extend the time of the debate so that colleagues who want to contribute may do so.

It also heard the experiences of a number of serving politicians and words of wisdom and guidance from a number of international experts.

A further initiative is the amendment to the Electoral (Amendment) (Political Funding) Act in 2012 which requires political parties to include a quota of 30% women candidates at the next general election, rising to 40% at the following general election. Failure on the part of a political party to comply with this legislative provision will lead to a cut in State funding to parties.

Furthermore, a working group, chaired by the Minister of State at the Department of Justice and Equality, Deputy Kathleen Lynch, is considering the matters in the context of the national women's strategy. The working group has been specifically addressing the advancement of women in leadership roles, including in politics, management, on boards and in the diplomatic and judicial systems. Its report will be completed shortly.

A wide-ranging positive action programme will start later this year on women and leadership, which is being generously supported over two years by the European Social Fund PROGRESS initiative. The reiteration in the programme for Government that all State boards have at least 40% of each gender was backed up further in April 2011 when the Government decided that future vacancies on State boards would be advertised on the website of the relevant Department. I assure the House that the Government is fully committed to this ongoing work which, as I said, is linked to the aims in the programme for Government.

I mentioned that the Convention on the Constitution voted on two further issues, which I will now comment on. The first was a recommendation, based on a majority of 62% of convention members that: "the Constitution should be amended to include an explicit provision on gender equality." Although the proposal has merit, and has links with the clauses in the UN Convention on the Elimination of All Forms of Discrimination against Women, it requires further examination. The Government has therefore asked the Department of Justice and Equality to initiate a review, in consultation with other Departments and the Office of the Attorney General as appropriate, with a view to bringing a reasoned response back to Government by 31 October 2014.

Although there are complexities in formulating an appropriate constitutional amendment along the lines of that proposed by the Constitutional Convention, central to the convention's recommendation is the achievement of gender equality and giving equal recognition and importance to the role played by men and women in the home. While Article 41.2, in its original conception in 1937, was perceived as providing a form of constitutional protection for women, it not only failed to achieve that objective but became widely understood as exhorting women to remain in the home and discouraging them from engaging in the workforce. It was part of the philosophy that resulted in women in the public service being required to give up their employment upon marriage. The article also failed to provide any substantive benefit to women in the home or to extend to them any constitutional protections when they exclusively assumed home duties. This was starkly illustrated in a Supreme Court decision delivered in 1993 in a case entitled "In the matter of Article 26 of the Constitution and in the matter of The Matrimonial Home Bill, 1993" in which a Bill, the objective of which was to confer an automatic joint ownership interest in the family home on wives, was held to be unconstitutional as violating the property rights of husbands.

We are now in a new era with a greater and better understanding of the roles of both men and women within the home and in the wider community and of the equality of rights and obligations of both men and women. In drafting a new constitutional amendment it is crucial that we provide for a form of wording that reflects today's understandings in the context of today's Ireland and that it is a form of wording that has widespread public support. It also must be a form of wording that does not have unintended consequences and does not impose financial obligations on the State which would ultimately fall on taxpayers and which we cannot afford.

Whatever wording is ultimately adopted will apply, of course, to all citizens in the State and to all who reside in the State, to both long-standing communities and to our new communities. In this context it is appropriate to acknowledge the role being played by the new immigrant communities in the State, which include the many thousands who have joyously attended and participated in the many citizenship ceremonies held over the past two years. These communities come from many different states and embrace many different cultures and, in each of the ceremonies held, they have been encouraged to remain in touch with their own cultures while also embracing the culture of this State, its democratic values and to participate fully in their local communities.

In the context of what we are discussing it is, of course, important that full participation extends to all men and women, and the road we are now travelling will be of relevance to all. It is, of course, central to the equality agenda that all men and all women have equal opportunities and the freedom to avail of those opportunities.

Including gender-inclusive language is the final issue I wish to address in the context of the Convention on the Constitution's proposals. A further issue on which the convention voted was whether the text of the Constitution should be amended to include gender-inclusive language. This motion attracted an overwhelming "Yes" vote, with 89% of the members voting to accept the proposal. The Government has considered this supplementary recommendation and notes the views of the convention and an earlier and similar view expressed by the UN CEDAW committee.

The Government is of the view that this proposal needs further consideration, not least because, if implemented, it may require extensive textual amendments to the Constitution. Accordingly, the Government has tasked the Department of Justice and Equality with undertaking a preliminary feasibility-scoping study before it considers the recommendation further. While the recommendations of the Convention on the Constitution are not at variance with the Government's thinking, its recommendations raise a number of complex matters which require further clarification and examination.

The European Union's economic policy strongly emphasises the need to increase female labour market participation further and has set an employment target of 75% for men and women across the EU by 2020. Due to our economic downturn, the Irish target is lower, but if it is to be achieved, it is essential that female labour market participation increases significantly in the coming years. The EU's gender equality policy places considerable emphasis on the sharing by men and women - fathers and mothers - of the caring responsibilities within the family, be it child care or elder care. Its policies also favour the advancement of women into decision-making roles in management and politics and on corporate and decision-making boards.

To address fully the complexities of the modern economic world, we need to exploit fully the decision-making skills of both men and women. We know from an emerging body of research that collaborative decision-making - decision-making based on the collective use of male and female thinking - is the most successful decision-making. I have mentioned the work being carried out in my Department to advance this goal fully in Ireland.

The Minister of State, Deputy Kathleen Lynch, and I hosted a conference during our Presidency on the issues of women's economic engagement and work as decision-makers and on the EU's economic policy. We heard convincing arguments from the OECD, the European Commission, the European Parliament and a range of academics and senior managers of the economic case to support gender equality and the imperative to increase women's labour market participation to foster Europe's economic growth and competitiveness. We have a summary clip on our website, www.genderequality.ie, and will be publishing a report on the conference on the same website within a fortnight. This conference offers a clear statement of how the role of women has changed across Europe and, indeed, in Ireland. As a result, we need to ensure our Constitution adequately reflects the many roles which women play in Irish society. While we take these positive steps towards gender equality, I look forward to an Ireland of the future where these discussions will be viewed retrospectively with a sense of incredulity that they were ever necessary, the same sense of incredulity which today greets descriptions of the marriage bar which formerly required women to resign their positions in the public service.

By way of conclusion, I thank the Convention on the Constitution for its constructive approach in its work on the issues relating to gender equality, in particular with regard to Article 41.2. I am promising to work through the wording issues and matters raised by the convention which require further detailed consideration within a year. I am very happy to hear the views of Members of this House on the specifics of how we proceed constructively in addressing these matters. In the interim, I can give the House the Government's tacit commitment to implement the key recommendation and to enhance further the role of women in our society. I conclude by thanking the Opposition for extending to me the extra time necessary to address these issues adequately.

I must give the same latitude to spokespersons as I gave to the Minister. There are two hours for this debate.

I am conscious that there are a number of people who will want to speak on this particularly important issue so we will try to help the Leas-Cheann Comhairle to get back on time. I thank the Minister for his response on behalf of Government. The very positive response of the Government will meet with political support from all sides of the House. The Minister has obviously given the matter very serious consideration, on which we commend him.

The second report of the Convention on the Constitution related to amending Article 41.2 of the Constitution relating to the role of women in the home. The convention was also charged with encouraging the greater participation of women in public life and increasing the participation of women in politics. In respect of women's participation in politics, the task given was quite a tall order.

I will begin by paying tribute to the continuing manner in which the convention is being organised. Tom Arnold as chairman, Art O'Leary as secretary, the panel of advisers headed by Professor David Farrell and their entire team are doing a superb job. Many of us had some doubts at the start of the convention as to whether it would be possible to maintain the level of public interest and the level of participation by members of the public and politicians in the process. However, the manner in which it has been organised and the parity of esteem which is obvious for members of the public and political representatives has ensured that, to date, the convention has been a great success. I might argue that, politically, the challenges given to the convention were much less ambitious than they might have been. Most recently, the convention has come back looking for some additional time from the Houses to consider other matters. Let us hope that the work can be continued because, even in the early stages of the convention, some additional matters have been identified by the membership that will need careful consideration. I also pay tribute to the citizen members because they have shown huge commitment to the project. It has not been easy for people to come from every corner of the country to participate in this initiative, but they have done so not just willingly but enthusiastically. That is something that needs to be commented on continually and lauded.

I will be forgiven for expressing my view that the direct participation of politicians in the convention process, particularly when it comes to voting on the critical issues before the convention, may not be a good thing. I am convinced that when we go to vote, we as politicians - the 33 of us - can skew the results. I suspect we get a different result, albeit that everybody is participating with goodwill and trying in many instances to leave our political baggage outside the door of the convention. Whereas the participation of politics and politicians in the process by way of an advisory panel is highly desirable and indeed essential, participation in the actual voting process, where we are among the group of 100, gives a different result than the result that would be forthcoming were the convention to be made up simply of members of the public.

In terms of amending Article 41.2 to recognise the role of carers, not just women in the home, we, of course, give enthusiastic support to that measure. It recognises the huge changes in society in recent years. I was struck by some of the statistics that are available in this area, such as that 55% of women are in employment. In his contribution, the Minister spoke about the efforts that have been made in recent years to encourage greater participation of women in the workforce. I see how, in many households in my constituency, it is the woman who is still at work.

In particular, those who have a background in construction and now find themselves unemployed recognise and value the significant contribution a woman can make as breadwinner.

The convention also considered the importance of care giving. Some 61% of carers are women and 86% of child care is carried out by women. As men, we are humbled by those figures and we should ask ourselves whether we have a challenge and a task in regard to moving into these roles. As the father of three daughters, I regularly argue that women are more instinctively disposed towards care giving but we also have responsibilities as men. I believe we will see men taking on a bigger role in this regard in the future. It is, therefore, high time that we amend Article 41.2 of the Constitution to recognise what has happened to date and what will happen to a much greater extent in the future.

The convention was also charged with examining the role of women in public life. The Minister referred to the role of women on the boards of semi-State companies. We should also investigate third level institutions, where women vastly outnumber men in a range of faculties where men previously dominated. Women comprise more than 80% of teaching students. Many schools around the country are actively seeking young male teachers to offer male role models to students. This is also true of other areas, such as medicine, veterinary studies, law and business. This is a positive development.

I have previously discussed with the Minister for the Environment, Community and Local Government and his predecessors the level of involvement of women in local government. Sadly, women occupy only a limited number of senior posts in local government even though they are heavily represented at lower levels. When it comes to roles such as director of services or county manager, we do not have the level of participation I would expect. Earlier this week I tabled a question to the Minister, Deputy Hogan, about initiatives in his Department to encourage greater participation of women at management levels. The response I received referred to the initiative he had taken to encourage greater political participation, on which I commend him, but had little meaningful to say about what is being done to ensure that women take up management positions in local authorities.

This brings me to the issue of politics. One of the most interesting issues we debated during this session of the convention was the challenge we face in this regard. Males comprise 85% of the membership of this Dáil. Only 91 women have been elected to the Dáil since the foundation of the State. There was a significant improvement between 1977 and 1992, when the ratio increased from 4% to 12%, but there has been little change since then. I am highly conscious of the fact that I am speaking as a member of an all-male 19-Member team. It is a matter of acute embarrassment to Fianna Fáil that we do not have female Deputies, although two fine women represent us in the Seanad. We have committed to actively seek out women to contest seats in the local elections and the next general election.

The Acting Chair is indicating that I should conclude.

We were to be given a little bit of latitude. I will not take advantage of his kindness.

I am giving the Deputy additional time.

I am conscious that I was given extra time and I am anxious that Deputies are not disadvantaged.

I am delighted to give the Deputy more time.

The Acting Chair, Deputy Mathews, is fastidious in how he does his job.

Massively greater female participation in politics should be at the heart of the reform process. It will take the wisdom of Solomon to achieve that objective but even in terms of current initiatives to reform this House, we should ask ourselves the extent to which we are recognising the need to pursue family friendly policies. I am not sure whether sitting until 5 a.m. is likely to be attractive to women, notwithstanding that the mother should not have to be the one who goes home to look after the children. When we consider greater numbers of sittings or pursue a policy that is focused on more time rather than more effective use of time, are we encouraging the participation of women? Fianna Fáil has established a group that is working assiduously under Senator Power to investigate, with some success, how we can encourage more people to become involved in our organisation. So poor is our performance on this issue that far fewer women are involved in politics than should be the case. The Minister said we are 24th in Europe although I thought we were 23rd. Many would argue that if we had more women Members when times were particularly difficult, we would have made different decisions. We might have anticipated some of the problems that were coming downstream. We should consider an all-party approach to encouraging the participation of women in all our political groupings and none - I am conscious that Deputy Maureen O'Sullivan is in the Chamber. Perhaps we are seeing an increasing number of people being attracted to the Independent political way of life, but that poses a challenge to the political parties to examine what we are doing and see how we can do our business better and more effectively and attract women to get involved. The body politic and the country as a whole would benefit enormously from increased participation of women.

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