Minister Roderic O’Gorman addresses concerns over ‘durable relationships’

Minister for Children, Equality, Disability and Integration Roderic O’Gorman provided further clarification on the term ‘durable relationships’ at an event hosted by the University of Galway on Tuesday evening.   

The Minister addressed the proposed amendments to the Constitution on family and care that will be voted upon in the upcoming referendums on 8 March, but was met with some concerns regarding the term ‘durable relationships’.  

“Why has this concept been chosen to expand the constitutional definition of the family over what I would argue is the clearer, far easier concept of ‘family life’?” asked Dr Brian Tobin, professor at the University’s School of Law.  

Dr Tobin explained that the term ‘family life’ is a concept that comes from the European Convention on Human rights (ECHR) and could be a better way to define the family beyond marriage as opposed to ‘durable relationships’.  

Ongoing debates

Minister O’Gorman pointed out that there has been ongoing debate regarding the rephrasing on the definition of family and that “there would have been confusion if the term ‘family life’ was used, too”.

The Minister said, “It’s not possible to list every possible family type in an article of the Constitution and that is why we are using this term ‘durable relationships’ … that proposed wording would extend the concept of family to co-habitants whether they have children or not, and to one-parent families”.

A mother to a one parent family said that she welcomes the insertion as it better reflects the family values we see in Irish society today. However, she still has concerns.  “I do still have a worry about the associated risks with ‘durable relationships’ that could be diluted as we move into a legislative basis,” she said, referring to taxation law for married couples.  

“Our Constitution doesn’t consider you a family right now, I find that offensive I have to say, and I’m sure you do too and that is part of what we are doing here … this is what the core legal document of our state is saying about you and that relationship”, said Minister O’Gorman. 

“I hear your concern about ‘durable relationships’ in terms of can it be rolled back, and I don’t think it can … your family is exactly who we are trying to include here”, he added.  

Minister O’Gorman highlighted that he is aware that not every legal challenge faced by families will be solved by this referendum but by making changes to the Constitution, it creates space to talk about other changes that need to be made in terms of making Ireland a fairer country.