Officials in Minister for Public Expenditure’s office cautioned colleagues in Minister for Equality Roderic O’Gorman’s department on State’s ‘mandatory obligation’
last May saying the referendum could leave the State “open to undue risk and litigation”, according to files released under the Freedom of Information Act.
In the March 8th referendum, a 73.93 per cent majority of voters rejected care amendments to “strive to support” care and delete mothers’ duties from the Constitution. The “strive” wording had changed from earlier drafts that would have imposed an obligation on the State to provide “reasonable” support for care. Another proposal saying the State “shall endeavour” to provide care was also dropped.
The warning cited Mr Fanning’s advice raising “significant issues” with proposals to replace the constitutional reference to women in the home with a “reasonable” support obligation. Such concerns were in line with earlier correspondence, expressing anxiety about “potential for significant unintended consequences and costs”.
Paschal-Donohoe Fine-Gael Roderic-O-Gorman
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