Public meeting in Galway finds proposed constitutional amendments lacking

Dissatisfaction with the proposed constitutional amendments rang loud from both camps at the public information meeting held in Galway on Monday.

Over 30 people gathered at the Harbour Hotel to attend a panel hosted by Abortion Access Campaign West.

The speakers included Labour Party LAR for North Leitrim Bernie Linnane, Senator and Green Party Chair Pauline O’Reilly, writer Estelle Birdy, and Senator Tom Clonan.

Ms Birdy criticised the proposed new wording of Article 41.1.1 in the constitutions that would define family as “founded on marriage or on other durable relationships,” saying that the vagueness of the term “durable” would cause havoc in family courts.

“We certainly can’t afford the legal bills it’s going to cause.”

Arguing in favour of a No vote on the Care amendment, Dr Clonan called the proposed amendment’s wording “flawed” in that it places the function of care fully on the family, while absolving the state of responsibility in the matter.

“This wording ought to be challenged,” he said. “I find it offensive, and I find it ableist.”

Meanwhile, Ms Linnane argued for the Yes/Yes vote on the grounds of it removing “blatantly sexist” legislation, and recognising non-female carers.

“Voting ‘Yes’ is a clear signal to this government, and to future governments, that people want change,” she said.

However, she conceded that she along with many voters wanted the amendment to go further in recognising care.

“Constitutional change comes in small, incremental steps.”

For and against

The 8 March Family and Care Referendum will ask voters to decide whether to change the wording of Article 41 of the Irish Constitution. Participants will be asked to vote on two separate amendments relating to family and care.

The Yes/Yes vote has garnered support from government parties – The Green Party, Fianna Fáil and Fine Gael – as well as Sinn Féin, Labour, the Social Democrats and People Before Profit. Organisations such as Treoir, The National Women’s Council of Ireland, and Family Carers Ireland have likewise called for voting in favour of both amendments.

Supporters of the No/No vote include the Aontú party, the Irish Catholic Bishops Conference and conservative organisations such as the Iona, Family Solidarity and The Christian Solidarity Party.

Disability-focused campaign ‘Equality not Care’ advocates for a ‘No’ vote on the care amendment while maintaining neutrality on the family amendment.

Defining ‘Durable’

Ms O’Reilly called for the ‘Yes’ vote on the family amendment on the grounds of it expanding the definition of family at no cost to other rights.

“We’re trying to say that the 42 per cent of children born outside marriage are still part of families. And at the moment, in the constitution, they are not,” she said.

When asked about why the meaning of a “durable” relationship was not included in the constitution, she said that any definition “would have things falling outside that” given the plethora of different relationships that exist.

“Defining everything isn’t the purpose of the constitution,” she said.

“The only decision you have to make is if you want the family to be based on marriage, or do you want family to be based on something much wider?”

Providers of care

The proposed care amendment removes the word “mother” from the constitutional article, replacing it with “care by members of family to one another”.

Ms O’Reilly said that the change simply removes gendered language.

“No rights are being removed from the constitution.”

Ms Birdy, however, argued that the mention of motherhood is not sexist, and that the unamended wording offers more supports for mothers.

“Former Attorney General Senator Michael McDowell said that it imposes direct obligation upon the state to financially support mothers who choose to remain in the home,” she said.

In response, Ms O’Reilly said the state did not fulfil its obligation to her when she was a stay-at-home mother.

“The State did absolutely damn all for me,” she said.

Audience members quizzed the panel on why rather than removing “mother” from the amended text, the words “father” or “children” were not included instead.

Ms Linnane said that voting was only possible “on what’s on offer”.

“We were offered two amendments here,” she said. “And we need to vote on them.”

Ms O’Reilly pointed out that while her fellow members of the Joint Oireachtas Committee on Gender Equality may want more things to happen, the vast majority of them “is happy with a Yes/Yes”.

This sentiment reflects public opinion toward the referendum as reported by the Irish Times/Ipsos’s February opinion poll.

53 per cent of the 1,200 people polled across Ireland said they would vote ‘Yes’ to the family amendment. The care amendment garnered support from an even higher 60 per cent of respondents.

“This is progress,” Ms O’Reilly said.

“Don’t say ‘No’ because you didn’t get everything you wanted.”

‘Strive’ to support

Audience member Edel Abberton, who cares after her own disabled children, voiced her distaste for the proposal to amend the government’s involvement in care as “striving to support” care provision.

“You’ve made to feel like a criminal for everything you apply for [from the State].”

A feminist herself, Ms Abberton said that many feminists campaigning for the Yes/Yes campaign “have done so from a position of privilege”.

“I’m a very educated woman. I don’t want a pat on the head.”

“We are the worst country in the EU to have a disability,” said Dr Clonan, adding that the amended wording is “a slap in the face for disabled citizens”.

“The word ‘Strive’ … indemnifies the State, indemnified the HSE.”

Ms Linnane pointed that at present the constitution singles out mothers as carers.

“It is anachronistic, patronising, sexist and patriarchal to suggest that caring is women’s work.”

“Voting ‘No’ … does nothing for men, fathers, mothers or children.”

Generations of women have been calling to remove the part of constitution referring to women as duty-bound to home, Ms O’Reilly said.

The polling station for the referendum will be open from 7:00am on 8 March. Irish citizens over the age of 18 who have registered on the Register of Electives and bring a valid form of personal identification will be able to participate.