Amendments are ‘poorly written’... here's why I am voting 'No'

The Constitution is far too important for a definition-free amendment with huge consequences.

The Constitution is the fundamental legal document of Ireland. It contains the core rights of citizens and defines the responsibilities of the State. It is not the location for definition- free amendments with potentially huge consequences.

Some of the language in the relevant articles is archaic and it should be updated. Aontú would have welcomed this. But these Government amendments are exceptionally poorly written.

No one is sure what a ‘durable relationship’ is. This is a huge problem. Ms Justice Marie Baker from the Election Commission has stated that a ‘durable relationship’ could be defined by a couple getting a Christmas card or a couple being invited to a wedding together.

We do not know what it means in terms of social welfare, taxation, succession, immigration, family law, and beyond.

Marriage revokes a will. Will a durable relationship revoke a will? If it does when will a will be revoked, after three months, nine months of the ‘durable relationship’? Would it revoke a will of an existing marriage? This could have enormous implications for family homes, farms and property.

Ministers were told that the constitutional addition of the phrase ‘durable relationships’ could lead to an increase in people seeking reunification with relations who have emigrated to Ireland.

It’s not clear that families headed by a single parent will be included in this definition. The only example of the phrase, ‘a durable relation’ being discussed in the courts took the term to mean an intimate or sexual relationship, which would obviously rule out families headed by a single parent.

The truth is, it will be left to a judge to decide. But this is a reverse of democracy. 

People should decide the law clearly. It’s the job of the judge to apply that law to specific cases. The Constitution is far too important for a definition-free amendment with huge consequences.

The so-called ‘Care Amendment’ is a slap on the face to carers and those in need of care.

The 40th amendment of the constitution shows just how disconnected this government is from the people that they are meant to serve.

In my constituency parents, are forced, through sky-high mortgages and rents, to get up at 6.30am every morning, drop their children to a child minder, commute for an hour and a half, work a long day, and do it all in reverse. Because of economic necessity, parents hardly see their children during the week at all.

The government states that a mother’s place is where she wants to be and we agree whole- heartedly, but because of this government, so many parents don’t have the choice to spend time caring for their children.

The Constitution as it stands recognises the significant role played by mothers in the home. It says that the state will endeavour to ensure that mothers will not, because of economic necessity, be forced to work outside of the home. It offers mothers a choice. This article could have been updated by adding in fathers to this protection. Instead this government will delete mothers from the constitution.

The Government has reneged on its responsibility to uphold this right, but the constitution has been cited in judgements and has protected mothers in terms of income tax and alimony.

The ‘Care Amendment’ will not bring any meaningful obligation on the State to support parents, support children, older people or people with disabilities. This amendment insulates the government from its responsibility to provide care. It locates care purely in the family and between family members.

In practical reality, the government’s ‘Care Amendment’ will result in care being delivered, in the main by women. By refusing to provide state support to carers and those who need care, the government’s amendment is inherently sexist.

The government amendment also disrespects people with disabilities. It codifies their care as a responsibility of families. In this republic, people with disabilities should have a right to be independent individuals, not dependent on family members.

Care has never been as undervalued in Irish society and this amendment further undermines the rights of carers and those in need of care.

ABOUT THE AUTHOR

Becky Kealy, from Kanturk, is Vice Chair of the Kanturk and District Community Council. On her first political outing, she ran as a candidate for Aontú in the 2020 General Election where she gained 3,877 first preference votes. She has a master’s in chemistry and is a QA Specialist in a pharmaceutical company. She has recently become a mother and looks forward to an opportunity to represent the people of the Kanturk LEA. Among the issues she has been campaigning for in the past 4 years are better conditions for fire fighters, support for more gardaí and safer communities, justice for the farming and fishing communities, as well as supporting young expectant mothers.