Women in the home vote row threatens to derail potential referendum

Disagreement over removing a reference to women in the home from the Constitution is set to derail plans for a October 26 referendum vote.

TDs and senators will today push to replace the clause with a reference to carers or a gender-neutral phrase and for more time to scrutinise the proposed wording for the referendum.

But the Government has told the Oireachtas Justice Committee that if this scrutiny of the vote is not waived, the referendum cannot go ahead this year.

Both Fianna Fáil and Sinn Féin are opposed to a straight deletion of the reference in the Constitution. But the Government fears there would be legal consequences, possibly even financial, if a reference to carers or a gender-neutral phrase was inserted instead.

Sinn Féin justice spokesman Donnchadh Ó Laoghaire told the Irish Examiner: “This should not be rushed, there should be pre-legislative scrutiny. We are in favour of an insertion, which would provide for the recognition of carers. The Government is starting this process late. They are attempting to shoehorn this through.

Fianna Fáil’s justice spokesman Jim O’Callaghan has also said that pre-legislative scrutiny should go ahead and a replacement clause should be considered.

A number of Independents on the committee also want a reference to carers inserted instead.

The positions mean that the committee is likely to favour some sort of scrutiny of the wording.

Justice Minister Charlie Flanagan warned the committee members last week that if scrutiny was not waived the vote would not go ahead this year.

The minister, as well as the Taoiseach, had also asked TDs and senators on the committee to meet before the summer break to agree a position on assessing the wording for the referendum.

Mr Flanagan told the TDs and senators in a letter: “I am greatly concerned that the window of opportunity to hold a referendum to remove Article 41.2 of the Constitution is rapidly closing.

The Referendum Commission needed to begin its work for the vote, he added.

Department of Justice sources again conceded last night that any committee move to examine the referendum wording would not leave enough time to prepare for an October 26 vote.

Nonetheless, Fianna Fáil and Sinn Féin point to a Constitutional Convention recommendation as well as a Department of Justice report which called for an amendment to insert a gender-neutral clause.

If the Government decides that not enough time is available to prepare for an amendment of Article 41.2, there is likely to be just one vote in October, to remove the offence of blasphemy from the Constitution.