The Seanad has passed the second stage of the Government’s referendum legislation on family and care, by a majority of 25 to four, following a debate.
Fianna Fáil Senator Erin McGreehan described as “absolute rubbish” arguments advanced by Independent Senator Michael McDowell, in which he opposed the Government’s upcoming referendums.
She said it was “about time” that the Constitution was expanded to recognise all types of families, not just marriage.
Ms McGreehan has said that it was “wrong” the unmarried parents, like hers, were “not recognised in Bunreacht na hÉireann” and she called for a “Yes-Yes” vote in the March referendums.
Fine Gael Senator Mary Seery Kearney told the chamber that it was wrong that a provision of the Constitution held one group of parents superior to another.
She said: “That is not a modern Ireland. That is not a progressive Ireland.”
Labour Senator Mark Wall said it was “time to amend the definition of family” in the Constitution and eliminate what he termed “sexist and outdated language”.
Labour Senator Marie Sherlock said she warmly welcomed the upcoming referendum on family and said people “can’t underestimate the hurt” which is felt by those who did not meet the definition of family as currently contained in the Constitution.
However she said her party does have concerns related to the proposals on carers.
Independent Senator Alice-Mary Higgins said her view was that the Constitution “does need to be changed” regarding family because it is “a problem” if the Constitution was not representing a third of the people.
Sinn Féin Senator Fintan Warfield said the Government’s wording on expanding family in the Constitution was “a big let down” given it was “such a departure” from what was under consideration by the Citizens’ Assembly and an Oireachtas committee.
He expressed particular concern over the Government’s suggested text regarding “durable relationships” given this was not discussed at the Citizens’ Assembly – and he called on the coalition to release any documentation or advice it had secured on this term.
Independent Senator Rónán Mullen said the Government’s bills amounted to the “gutting the meaning of family” from the Constitution, and “devalues marriage”.
He said the lack of respect for the parliamentary process, in which the bills are being rushed through the Oireachtas, was an “absolute disgrace”.
Independent Senator Gerard Craughwell said rushing the referendum legislation was “repugnant to the House and everything we stand for”.
He contended the Government was engaging in a “gimmick” – forcing the legislation through the Seanad so that the referendum could be held on International Women’s Day.
Mr Craughwell said he was “deeply concerned” at the Government’s strategy. He asked: “Why would you not stall this, and allow for a full debate?”
He said the Government was about to waste €20 million on a referendum that no one was asking for and that “both will fail… because you’re not trusted”.
Independent Senator Tom Clonan, addressing the care bill, described it as “a lost opportunity” because it is not consistent with the findings of the Citizens’ Assembly or the Oireachtas committee.
He said the Government’s wording, as it currently stood, “flies in the face” of the rights on autonomy included in the relevant UN conventions.
The senator said the Government’s wording fell “pitifully short” of what was required.
He warned that if it was advanced, it would “further undermine one of the most disadvantaged sectors in society”. He said it was “unjust and unfair”.
Independent Senator Sharon Keogan said the discussions in the Seanad were “not worth the salt” because the Government was ready to “press send” on the wording rather than engage with senators and accept amendments.
She said every judge in Ireland needed to know what a “durable relationship” was before the bills leave the Oireachtas. She said it was “essential” that there was “clarification”.
In reply, Minister for Children and Equality Roderic O’Gorman said it was important, at this juncture, to hear from people who are known to be families but the Constitution does not recognise them as such.
Referencing contributions from Ms Erin McGreehan and Senator Roisin Garvey, he argued that marriage was an important institution and it would continue to be afforded special protection, but the definition of a family needed to be expanded.
Defending the phrase “durable relationship”, he said it would allow the State to bring other relationships under the protection of the Constitution – whether they were one-parent families or cohabitees – when they could show “strength, stability and commitment”.
Mr O’Gorman added the proposed wording of the referendum on family would not extend to what he termed “novel concepts” such as polygamous relationships.
Citing paragraph 157 of the Supreme Court judgement in the O’Meara case, he said that a clear majority of the court – five of seven judges – stated it was not possible to exceed the definition of the family as it was a matter for the Oireachtas.
The minister said the Government wanted to “broaden that right”, adding: “We have that choice.”
After a vote, the second stage was passed and discussions now move onto the committee stage.
It is likely that the Government’s legislation will clear the Oireachtas tomorrow following further discussions in the Seanad – but without being amended.
