Constitutional strengths and flaws discussed

German organisations use laws very similar to those in the Irish Constitution to seek to protect women’s rights to child benefit and other matters, a High Court judge has said.

Gerard Hogan made the comments just days before the Government is expected to cut child benefit in Wednesday’s budget, although he drew no link between the two.

Mr Hogan was speaking about the origins of the Constitution at the inaugural meeting of the Constitutional Convention in Dublin Castle on Saturday.

He said the 1919 Weimar constitution, drawn up after Germany lost the First World War, was a “very highly admired constitution” and “is, in many ways, the grandfather of every single constitution in Europe to this day”.

After detailing the links between it and the Constitution, Mr Hogan discussed some of the strengths and weaknesses of the latter.

“Many understandably object to the mother-in-the-home clause in Article 41 of our Constitution, but the Weimar constitution had versions of this and, even today, Article 6.4 of the German Basic Law provides for the special protection of mothers and motherhood.

“Incidentally, it is a fruitful source of litigation at the behest of women’s organisations in Germany in relation to matters such as protection of expectant mothers, child benefit, and so forth.”

Article 6.4 of the German Basic Law states: “Every mother shall be entitled to the protection and care of the community.”

Article 41.2.1 and 41.2.2 of the Constitution state: “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. 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.”

Mr Hogan said that, in general, it was “easy” to point to the Constitution’s obvious flaws, as these had been well-documented.

“I wouldn’t wish to trespass into the domain of political controversy in my present position, but I think it can be said that some of the more nationalist and religious references which remain do not match the prevailing social and political culture of this State as well as they once did.”

But he said he found it intriguing that the Constitution’s “obvious strengths and considerable achievements are almost never mentioned in the public discourse”.

“Some of the criticism of the Constitution’s more contentious clauses are all too well-founded. The criticisms directed at the bulk of the document generally are not. It appears to be another example of the all too typical Irish characteristics of negativity, lack of self-belief and lack of civic pride in our institutions and in our own achievements.”

He expressed the hope that, through the work of the convention, “the Constitution can be given a new birth of freedom which will refresh our democracy”.

Considering change

What is the Constitutional Convention?

At its simplest, a forum of 100 people brought together to consider change to the Constitution.

The 100 include 66 citizens randomly selected and “broadly representative of Irish society”; 33 politicians, and independent chair Tom Arnold, the Concern chief executive.

Over the next 12 months, it will meet on numerous weekends to consider issues such as:

* Reducing the presidential term of office from seven years to five.

* Reducing the voting age to 17.

* Reviewing the Dáil electoral system.

* Amending the clause on the role of women in the home.

* Making provision for same-sex marriage.

* Removing the offence of blasphemy from the Constitution.