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Mary McAleese: Upcoming referendums would 'reform and update' Constitution

"I would like to see in the Constitution a recognition of all the relationships that are not based on marriage"
Jack Quann
Jack Quann

20.23 1 Mar 2024


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Mary McAleese: Upcoming refere...

Mary McAleese: Upcoming referendums would 'reform and update' Constitution

Jack Quann
Jack Quann

20.23 1 Mar 2024


Share this article


Former President Mary McAleese said she has no concerns about the upcoming referendums and would welcome if issues ended up before the courts.

The two referendums taking place on Friday March 8th are about broadening definitions of carers and the family.

The first would amend Article 41 to "provide for a wider concept of Family" in the Constitution, including the insertion of the term 'durable relationships'.

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The second would delete Article 41.2 to remove the reference to the role of women in the home and insert a new Article 42B to recognise family care.

The Hard Shoulder host Anton Savage asked Mrs McAleese if she was concerned about a lack of definition around 'durable relationships'.

"I'm looking at it much more simply saying: Do I want to leave in the Constitution two things that I think we have long outgrown?" she said.

"One is the reference to women in the home, which is seen as anachronistic... I would like to see that gone.

"I would like to see in the Constitution a recognition of all the relationships that are not based on marriage, but which make a huge contribution to our community life, family life and the life of our country.

"I'm delighted to see [if] that particular provision changed and the insertion into the Constitution of that word 'durable relationships'.

"I don't have the worries and concerns that others do, let them argue their case and let the public make up their mind."

'Reimagine the Constitution'

Mrs McAleese said she would welcome if the definition of 'durable relationships' ended up in court.

"That's what our courts are for and that's one of the checks and balances in our Constitution, that there is the opportunity for our courts to retake the words and almost reimagine those words in the context of the modern world," she said.

"That's what we're doing as citizens.

"One of the things that was put into our Constitution was the right for us was to reimagine the Constitution and to reform and update it".

'A reality within families'

Asked if the referendum on care would switch the duty of care from the State to the family, Mrs McAleese said a duty is already there.

"I think there is a duty of care within family, isn't there? There's an everyday responsibility of care for each other," she said.

"At the end of the day it's a reality that within families we have a bond of care.

"More than that, the new Constitutional provision will say that the Government will 'strive' to get in behind families and support them in that role of care.

"I think it opens up debate, it doesn't close down debate.

"It allows us to keep nudging forward with the kind of inclusive and all-embracing society that we want to belong to."

Mrs McAleese said she has no reluctance in engaging in the debate as she is 'an ordinary citizen now'.

Former Justice Minister Michael McDowell said the Constitutional changes could have major 'unintended consequences' for people in long-term relationships.

Listen back here:

Main image: Former President Mary McAleese speaking at Queen's University, Belfast, 19-10-12. Image Paul McErlane / Alamy

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