Vol. 406 No. 3
8 Mrs. Fennell asked the Taoiseach if he will outline the reservations which still exist in relation to Ireland's ratification of the United Nations Convention on the elimination of all forms of discrimination against women; if further legislation is required in order to withdraw outstanding reservations; and, if so, the areas involved and when such legislation will be introduced.
The reservations which remain in respect of Ireland's accession to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women relate to—Articles 11 (i) and 13 (a) concerning the field of employment and the right to family benefits; Article 13 (b) and 13 (c), concerning financial credit and other services and recreational facilities; Article 15, concerning the legal capacity of women, and Article 16 (d) and (f) concerning guardianship, adoption and custody of children born out of wedlock.
Ireland's position is that legislation is not required for three of the four reservations I have outlined as our constitutional and legislative provisions already ensure equality. It may be that legislation is required in order to withdraw the fourth reservation dealing with access to financial credit and recreational facilities. However, the Government are not convinced that the guarantee of equality contained in the Irish Constitution needs to be supplemented by such legislation. The Commission on the Status of Women are examining this issue and I will await their views in the matter.
I thank the Taoiseach for his reply. Will he agree that this reservation to Article 13 regarding the extension of anti-discrimination legislation to deal with access to financial credit services and recreational facilities, which were mentioned, is a fundamental requirement, one on which a very serious view is taken by the Council for the Status of Women, the Employment Equality Agency and people like Women in Golf because there is no legislative provision for women to pursue their rights through the courts? That has been well established. Will the Taoiseach give consideration to this in view of his apparent deep commitment to women's issues as expressed recently?
I have given the Deputy my advice as it is at the moment but I will consider it and consult further about it.
Has a report been made to the UN since 1987 when this report, which was prepared by the previous Government, was made? Have the Government any intention of making a report to the UN? Will the Taoiseach give an assurance that in preparing such a report there will be consultation between the Oireachtas Joint Committee on Women's Rights and the Employment Equality Agency who, I believe, have a contribution to make?
As I mentioned in my reply, the Second Commission on the Status of Women will be looking at that matter and it might be wise on my part to wait and see what they recommend to me.
With all due respect to the Taoiseach, I would not like to think the Commission on the Status of Women, who were welcomed by many people, would be seen as a delaying tactic for something that is patently obvious and very necessary. In my opinion we do not need the views of the Commission on the Status of Women. I suggest to the Taoiseach that this is a delaying tactic all round and that we have obligations to the UN Convention which we should recognise.
I will take note of what the Deputy is suggesting.
Is the Taoiseach aware that the Constitution which he and the Commission hoped would be sufficient to guarantee equality for women is used by certain clubs to justify excluding women from full membership based on their private property? In the context of benefit to women in the home, particularly legal protection, may we expect during the next session the introduction of a Bill dealing with the property of married couples which recognises the contribution of women's work within the home?
That legislation will be actively pursued, but I cannot give the Deputy a time for it yet. It is on our agenda.
Would the Taoiseach agree that the phraseology of the 1937 Constitution is sexist in that it assigns particular roles to women and, by inference, different and separate roles to men? Would the Taoiseach not agree that the Constitution needs to be modernised in the light of social change?
That seems to be a separate question. The Constitution is a separate matter surely.
On a point of order, will the Chair not agree that the Taoiseach referred specifically in his reply to the Constitution in this context?
That may be so, Deputy, but the Chair is merely concerned about the subject matter of the question before him.
On a further point of order, would the Ceann Comhairle not agree that the Government's ability to deal with the UN Convention is influenced to some degree at least by the provisions of our Constitution which are in themselves sexist?
Of course, but it is worthy of a separate question.
They are interlinked and I would, therefore, ask the Taoiseach if he has any plans to reform those aspects of the Constitution?
I have had a request that Questions Nos. 9 and 12 in the name of Deputy Spring be postponed, so we will proceed now to Question No. 10 in the name of Deputy Allen.
