Second Report of the Convention on the Constitution (i) Amending the clause on the role of women in the home and encouraging greater participation of women in public life; and (ii) Increasing the participation of women in politics. May, 2013 Table of Contents 1. Chairman’s Introduction 2. Convention recommendations 2.1 Amending the clause on the role of women in the home. 2.2 Increasing the participation of women in politics and encouraging greater participation of women in public life. 3. Convention Programme 4. Amending the clause on the role of women in the home 4.1 Presentation by Prof. Gerry Whyte, TCD 4.2 Presentation by Prof. Siobhan Mullally, UCC 4.3 Convention discussion 5. Increasing the participation of women in politics and encouraging greater participation of women in public life 5.1 Presentation by Prof. Yvonne Galligan, QUB 5.2 Presentation by Prof. Gail McElroy, TCD 5.3 Convention discussion Appendices: A: Convention on the Constitution Terms of Reference B: Rules and procedures C: Reference material: Role of Women in the Home D: Reference material: Encouraging greater participation of women in public life and increasing the participation of women in politics. 1. Chairman’s Introduction Introduction On the weekend of 16th and 17th February, 2013, the Convention on the Constitution held its second plenary meeting to discuss issues in the terms of reference set out in the Resolution of the Houses of the Oireachtas (Appendix A). Background Membership of the Constitutional Convention comprises 66 citizens, 33 parliamentarians and an independent Chairman. The 66 citizens were selected randomly by a polling company using the electoral register and on the basis of groups representative of Irish society and generally balanced in terms of gender, age, region, social class and occupational status. Political parties and groups in the Dáil and Seanad nominated representatives on the basis of their relative strengths in the Oireachtas. Political parties represented in the Northern Ireland Assembly were invited to nominate one representative each. The Convention has been asked to complete its work within 12 months of its first plenary meeting. The Government has committed to responding to the various recommendations of the Constitutional Convention within four months of the publication of its reports and will arrange a full debate in the Houses of the Oireachtas in each case. In the event that the Government accepts a recommendation that the Constitution be amended, it will include a timeframe for the holding of a referendum. Second plenary meeting The purpose of this meeting was to consider: (i) Amending the clause on the role of women in the home and encouraging greater participation of women in public life; and (ii) Increasing the participation of women in politics. Over two days, the Convention considered submissions made by members of the public and heard presentations from a wide range of experienced academics, political scientists, legal experts and advocacy groups. It also held a large interactive panel discussion with a number of interest groups and academics. An important feature of the Convention’s working arrangements is that members also spent considerable time in small roundtable discussions, teasing out the detail of the two issues. The outcome of these discussions was then reported back to the full Convention so that all members got the benefit of group deliberations at individual tables. Recommendations The results of the ballots on the two main questions were as follows: (a) Amending the clause on the role of women in the home A majority of the Convention members favoured a change to the Constitution to amend the clause and, if making such a change, a majority recommended that it should be gender- neutral to include other carers in the home and that it should also include carers beyond the home. The Convention also recommended that the State should offer a “reasonable level of support” to ensure that carers ‘shall not be obliged by economic necessity to engage in labour’. (b) Encouraging greater participation of women in public life and increasing the participation of women in politics A majority of the Convention members recommended that the Constitution should be amended to include an explicit provision on gender equality. The question of a constitutional provision to enhance participation in public life and in politics was narrowly defeated but a significant majority recommended more government action in this area. A number of related issues arose during the course of their deliberations and the Convention also chose to make a number of other recommendations which they would like the government to consider. Details of the ballot results are set out in Chapter 2 of this report. This report will be laid in the library in the Houses of the Oireachtas and I look forward to the government response within 4 months. Acknowledgements: I would firstly like to congratulate all members of the Convention for their hard work and obvious commitment to the task at hand. The quality of the discussions and the spirit in which they engaged with each other was the foundation for the success of the weekend. I am also grateful to those members of the public who sent submissions to the Convention or who watched the proceedings online. I would like to thank the Academic and Legal Team, led by Prof. David Farrell, for assembling our advisory panel of experts and for their advice and support in advance of, and during, the meeting. Other members of the team include Dr. Jane Suiter, Dr. Clodagh Harris, Lia O’Hegarty SC and Dr. Eoin O’Malley. They were ably assisted in their work by two interns, Colm Byrne and Paul Deane. The Convention members were deeply impressed by the presentations of Professors Gerry Whyte, Siobhan Mullally, Yvonne Galligan and Gail McElroy who willingly shared an impressive depth of knowledge in clear and concise language. Their wisdom forms an important part of this report. I would also like to thank the National Womens’ Council of Ireland, Women for Election and the 50/50 Group who took the time to make presentations to the Convention and give us the benefit of their views and experience. The members of the panel discussion, National Women’s Council of Ireland, The 50/50 Group, Women for Election, Curam, Union of Students in Ireland and the UCD Women Graduates Association should also be congratulated for capturing the views of a broad spectrum of public opinion on the two matters under consideration. We should also acknowledge the significant contribution made by the facilitators and notetakers at the meeting, each of whom had a difficult job to do in a demanding environment. I would like to record my gratitude to Matthew Ryan and his team at the Grand Hotel in Malahide for helping to make the event everything we were hoping it would be. Members of the Steering Group also deserve great credit for their contribution to the preparation for this meeting. The overwhelmingly positive feedback from members is a testament to their judgment and hard work. Tom Arnold Chairman 2. Convention recommendations 2.1 Amending the clause on the role of women in the home. Article 41.2 of the Constitution 41.2.1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved. 41.2.2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home. Yes No No opinion Should the clause (art. 41.2) be left as it is? 11% 88% 1% Delete Amend/Modify No opinion If the clause (art. 41.2) were to be changed would you delete it or amend/modify it in some 12% 88% 0% way? In the event that the Convention supports change, what change or changes would you Yes No No opinion support? Make it gender-neutral to include other carers in the home 98% 2% 0% Do you want to include carers beyond the home? 62% 31% 7% Noting that Art.41.2.2 says ‘The State shall, ... endeavour to ensure that [mothers] shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home’, what level of obligation should be placed on the State (on a scale of 1-5) ? 1 - Endeavour to support 20% 2 4% 3 - Provide a reasonable level of support 35% 4 12% 5 – Shall support 30% Voting on the first issue – relating to the clause on the role of women in the home (article 41.2) – followed three stages. The first vote was on the question of whether to leave the clause as it is. As Table 1 shows, the greater majority of members (88 percent) voted against leaving the clause as it is. The second vote, then, was on the question of whether to delete the clause altogether or amend or modify it in some way, with the same proportion (88 percent) voting for modification. Reflecting the main issues that emerged in the discussions, the final part of the ballot then offered three sets of amendments that the members were invited to vote on. The clearest majority (a virtual majority of 98 percent of the members) supported the motion that the clause should be amended to be gender-neutral to include others carers in the home. There was a narrower majority (62 percent) in favour of the clause being amended to include carers beyond the home. Finally, the members voted on the issue of what level of obligation should be placed on the state to ensure that mothers (or more widely carers) ‘shall not be obliged by economic necessity to engage in labour’.