Ireland Constitution change explained as Government admits defeat

Irish transport minister Eamon Ryan has conceded that the government has lost the twin referenda to change the Constitution in Ireland in a bid to modernise references to relationships, family and women.

The boxes were opened at 9am after the public went to the polls on Friday to vote on whether to change the wording of the Constitution relating to the areas of family and care.

Results for both will be announced separately later on Saturday although early reports claimed a low turnout with some areas understood to be less than 30% of registered voters

“It’s clear we lost,” Mr Ryan said.

When the Green Minister was asked if the government did not get the result it wanted, he said: “No we didn’t.

“But you have to respect the voice of the people. We have to wait until the final count is done but if it is a no no vote, have to respect that.

“I don’t think you can respect the people’s vote by saying ‘what went wrong, the people didn’t vote the right way’.

“People are sovereign in this. They have to decide. It’s a complex issue, both were complex. I would have preferred a yes yes.”

Irish Prime Minister Leo Varadkar said the referendums had clearly been defeated “comprehensively”.

Mr Varadkar, who previously said the changes would remove “very old-fashioned language”, added: “The government accepts the results and will respect it fully.

“As head of government, on behalf of the government, we accept responsibility for the results.

“It was our responsibility to convince the majority of people to vote ‘yes’ and we clearly failed to do so.” 

But what are the proposed changes and why does the Government want to make them? i finds out all you need to know.

What are the changes to the constitution?

The family amendment proposes extending the meaning of family beyond one defined by marriage and to include those based on “durable” relationships.

The care amendment proposes deleting references to a woman’s roles and duties in the home, and replacing it with a new article that acknowledges family carers.

The Constitution is the fundamental legal document for the country and can only be changed with the approval of Irish citizens through a national vote.

Why does the Government want them changed?

The Irish Government says the changes will remove sexist language, recognise family care and extend protection to families not based on marriage.

Mr Varadkar said there were about one million people in families which are not based on marriage, including those led by unmarried but co-habiting parents, single parents or grandparents.

Mr Varadkar said a change to the constitution was needed “because it puts an obligation on the state to strive to support” family care provided by everyone, not just married parents.

He added it was about recognising that all families were equal.

What do critics of the proposals say?

Critics claim the term “durable relationship” is undefined and confusing and claimed women and mothers are being “cancelled” from the constitution

Legal experts say not defining this new term in the constitution may have implications for future family courts case, inheritance disputes, tax law and immigration cases.

Critics have also argued changes could constitutionally protect polygamous relationships and increase immigration via migrant family reunions. The government has denied these claims.

One political party calling for “no” votes is Aontú, a traditionalist group that split from Sinn Fein over the larger party’s backing for legal abortion.

Aontú leader Peadar Tóibín said the government’s wording is so vague it will lead to legal wrangles and most people “do not know what the meaning of a durable relationship is.”

The Free Legal Advice Centres, a legal charity, has expressed concern that the change to the section on care contains “harmful stereotypes such as the concept that the provision of care … is the private responsibility of unpaid family members without any guarantee of state support.”

Additional reporting by Press Association and AP.